[Sherman Logan]

Nope. What Scalia was implying was that sometimes judges join a side that already has five votes in return for a deciding vote they agree with on another case.

I suspect such horsetrading has gone on since the Founding.

[xzins]

If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began:

IF I ever joined an opinion for the Court, EVEN as the price to be paid for a 5th vote... I'd (still) hide my head in a bag."