The treaty with the cherokee's would be independent of any other treaty. That said, I would think that if they decide to break the treaty or refuse to abide by the terms of it, then the states would have the right to void it with cause. THe only reason for a court case would be to try to make the tribe follow the uphold the treaty. A treaty is in many ways like a contract. I would think that if one side violates the provision the remedies are to agree to the near terms (or ignore), to ask the courts to uphold the terms of the treaty, or to declare the treaty null and void. It looks like they are looking for a court remedy when what would be more prudent would be to declare the treaty null and void. They should do so immediately. Take all their rights away, take away a funding and then see how every other tribe starts to fall in line.