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But Stephen Gillers, an expert in judicial ethics at New York University’s law school, disagreed, noting that the test in the recusal statute is based on the perspective of a fair- minded person who has all the facts. “I don’t think such an objective observer would question Alito’s impartiality based on this incident,” Gillers said in an email. “I find it impossible to believe that Alito knew the flag was flying upside down or, if he did know, that he knew the relationship to ‘Stop the Steal.’ I don’t believe he would have allowed this to happen otherwise.” Gillers added that while Alito’s explanation for how it happened is “hard to believe, it is more credible than the view that he knowingly chose to fly the flag upside down finowing its political message.”