The clever use of an old U.S. Supreme Court decision to bolster the argument against federal preemption will not help New York Attorney General Eliot Spitzer win court approval to investigate the lending practices of four national banks, according to legal strategists. Industry attorneys say Spitzer’s ploy is nothing but “creative lawyering” and that “the overwhelming weight of authority” will show that he is wrong. Spitzer is fighting federal lawsuits brought by the Office…