Later Thursday, at a dinner and conversation with OU President David Boren and former Justice Sandra Day O'Connor, Breyer spoke more about judicial independence.

When Boren asked Breyer if he ever considered public opinion in his decisions, Breyer said no. But he expressed confidence in the public.

"They will accept things they disagree with if they are given reasons," he said.

O'Connor said public opinion never swayed her either. That's the key to the judicial branch -- it's supposed to be impartial. When judges are sworn in, they swear to uphold the laws and constitution of the U.S., she said.

"It doesn't say, 'I swear to hold up public opinion,'" she said.

Many Americans think justices make decisions based on their own opinions, O'Connor said. She said this is a big problem, and she's tried to address this perception by holding conferences about judicial independence.

Judges are not made to be swayed by public opinion, so they will inevitably be unpopular at times, Breyer said.

"They are lightning rods and lightning will hit, or be aimed at them," he said.

Julianna Parker 366-3541 jparker@normantranscript.com