Its not unconstitutional to allow a race restricted preprimary. The supreme court found incorrectly. They will still enforce it as though it is correct though.
As long as the race restricted pre primary did not lie and tell everyone it was not race restricted, they are within their constitutional rights to have such a preprimary, and to publicize the results. (AGain this is not meant to imply that the courts will abide by these opinions of mine.)
If a case were to be made that the romney campaign is doing something that the supreme court has said is unconstitutional, we should be careful to not actually claim it is unconstitutional. but only to make an argument to the effect of " according to YOUR logic, along with your other logic about disparate impact on race, wouldnt YOU then have to conclude that the romney campaaign is doing something unconstitutional"
But we should never endorse the actual shutting down of their shadow convention as that would be endorsing something that was a deprivation of liberty.
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