By Carson Cooper ( February 13, 2018, 4:17 PM EST) -- On Feb. 16, 2017, the Washington Supreme Court dealt a blow to tribal nations in Upper Skagit Indian Tribe v. Lundgren, 187 Wn.2d 857 (2017), finding that tribal sovereign immunity did not bar an in rem jurisdiction lawsuit against property owned by a tribal government. Typically, a state's supreme court ruling ends the inquiry for parties. However, the Upper Skagit Indian Tribe has chosen to fight on, obtaining certiorari before the United States Supreme Court to determine whether the tribal sovereign immunity doctrine applies to in rem jurisdiction lawsuits. Now, the outer limits of tribal sovereign immunity depend on the swing votes of Chief Justice John Roberts and Justice Anthony Kennedy, creating a potential flash point for this critical aspect of tribal sovereignty....