Lawyers: Have you seen "The Case That Could Have Altered 'Bush v. Gore'" ?

[IndyOp]

I just ran into this - posted at Legal Times (11/2/04):

The Case That Could Have Altered 'Bush v. Gore'
Newly found 1912 in-chambers opinion says Court should stay out of election disputes until state courts have had their say



The case isn't new in the sense of recent -- the Supreme Court case of Marks v. Davis dates back to 1912 -- but it is definitely brand-spanking new in the sense of being unknown and uncitable in any presidential election until now. If the lawyers in Bush v. Gore had known about it, history might, just might, have taken a different course. Why? Marks v. Davis stands for the proposition that the Supreme Court should butt out of election disputes until state courts finish their work.

<http://www.law.com/jsp/article.jsp?id=1099217129289>

Probably no application to the current situation -- but interesting!