He’s not saying that at all. What he’s saying is that, if he were to join the majority as the fifth (and presumably final) vote, and the majority opinion started with that quote, he would hide his head in a bag. The “price” he would have to pay to join as the fifth vote would be to sign his name to such an opinion.
The genius of it is that he leaves it up in the air for interpretation, doesn’t he?
“I’d hide my head, even if I’d been paid a price....”
Ditto, my read.
Correct.
The important thing here, and it is important, is that Scalia confirms that there are quid pro quos between the Justices.
Something we all know happens (see Justice Blackmuns released notes on Kennedy and the Casey decision upholding Roe v Wade), but that a sitting justice rarely acknowledges. Particularly in an opinion.
But I wouldn’t read that into this specific case. Kennedy’s vote was telegraphed long before the case was actually heard.