 (It is hard to see how Grutter represents a “robust” defense of integrative affirmative action. Justice O’Connor introduced the “legitimacy” argument without prior preparation and left it hanging without further development. Justice Kennedy in Fisher likewise seemed not to notice that the “legitimacy” argument departs considerably from the diversity rationale he was rehearsing. Nevertheless, there it is in the majority opinions, to be seized on and developed by a future court if it is so disposed.)[27] 