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Law Professor Josh Blackman Resigns From Heritage Foundation Over Antisemitism Controversy

Law Professor Josh Blackman Resigns From Heritage Foundation Over Antisemitism Controversy

“your actions have made my continued affiliation with Heritage untenable”

This is Law Professor Josh Blackman of the South Texas College of Law Houston. He won’t be the last to do this.

He writes at the Volokh Conspiracy blog at Reason:

My Resignation From The Heritage Foundation

12/21/2025

Dear Dr. Roberts,

It is with deep regret that I must resign my position as Senior Editor of the Heritage Guide to the Constitution. Indeed, I could not have even conceived of such an action only a few months ago when we launched the third edition of the guide. On Constitution Day, I proudly stood at the Heritage Foundation as we released this book to the world. But your actions have made my continued affiliation with Heritage untenable. First, your comments were a huge unforced blunder, and gave aid and comfort to the rising tide of antisemitism on the right. Second, in the wake of your remarks, jurists, scholars, and advocates have made clear to me they can no longer associate with the Heritage Guide they contributed to. Third, and perhaps most tragically, your actions have weakened the ability of the storied Meese Center for Legal and Judicial Studies to promote the rule of law. My resignation is effective immediately.

For the past decade, I have cherished my close ties with The Heritage Foundation. I received several awards from Heritage, including the inaugural Edwin Meese Originalism Award. Every year, I lecture at the Heritage Clerkship Academy. I published a Heritage whitepaper on fighting antisemitism. And the crowning achievement of my professional career has been my service as the senior editor of the Heritage Guide to the Constitution, which was published only three months ago. I devoted four years of my life to this definitive treatment of the Constitution. More importantly, John and I recruited more than 150 jurists, scholars, and advocates to participate in this generational project. As a testament to the value of this enterprise, Justice Samuel Alito graciously wrote the preface. All of this work was possible thanks to the sterling reputation of the Meese Center. Attorney General Edwin Meese is the cornerstone of the conservative legal movement. My co-editor John Malcolm is a brilliant scholar and bold leader who has guided the Meese Center to great heights. And the staff of the Meese Center provided the careful attention and insightful edits to make the Guide possible.

Yet, Heritage came to a crashing halt after your infamous video. Your initial remarks were indefensible. Your apology was underwhelming. And the lack of any meaningful followup over the past three months has been telling. For reasons only you know, you aligned the Heritage Foundation with the rising tide of antisemitism on the right. As Senator Ted Cruz observed, “this poison of antisemitism on the right . . . is spreading with young people.” I agree with Ben Shapiro: “If Heritage Foundation wishes to retain its status as a leading thought institution in the conservative movement, it must act as ideological border control.” Antisemitism is always the canary in the coalmine. History teaches us that any society that fails to protect its Jewish people is destined for despair.

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Comments


 
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Stuytown | December 22, 2025 at 4:01 pm

Someone needs to say it out loud: Roberts is an antisemite.

Who will win the battle at Heritage? Who will win the battle in the US? Scary times.


     
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    Milhouse in reply to Stuytown. | December 22, 2025 at 5:53 pm

    I don’t think there’s any evidence that Roberts is an antisemite. But he is unwilling to fight antisemitism, either because he reckons the cost too high, or because he doesn’t see it as important enough.


       
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      Stuytown in reply to Milhouse. | December 23, 2025 at 4:58 am

      I think you are truly brilliant. But you are getting it wrong here. The antisemitism is clearly baked in. I also believe that, in general, you are underestimating the groundswell of antisemitism. A few years back I wrote a comment, since repeated, that it was time for Jews to leave the US, particularly Jews with younger children. You responded that it was not time to leave. I hope you will have the good judgment to figure out the right time. I am not predicting a nazi apocalypse. But it’s going to get increasingly uncomfortable and, combined with assimilation, Jews’ destiny in the US is largely oblivion. Yeah, very negative.


         
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        Milhouse in reply to Stuytown. | December 23, 2025 at 6:03 am

        Unfortunately Israel is no safer than the USA, and there is no real liberty, nor even democracy.

        As for Roberts, I’m just not seeing any evidence that he is personally an antisemite. Just because he’s not willing to fight it doesn’t mean he agrees with it. It’s just not a priority for him, because it doesn’t affect him personally. He doesn’t see why it should be Heritage’s fight. I think he’s wrong, but it doesn’t make him an antisemite.


       
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      Stuytown in reply to Milhouse. | December 23, 2025 at 5:00 am

      On a separate note, when you posted that you might be leaving the LI for a while due to internet connectivity constraints, I had figured that you were taking a job as a spy! Really. I hope one day I get to find out what you really do.


         
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        Milhouse in reply to Stuytown. | December 23, 2025 at 6:09 am

        Nothing nearly so exciting 🙂 (Though I’d bet most spies’ real lives are probably much like the old description of warfare — long periods of boredom punctuated by moments of terror.)

      Would this be an appropriate time to quote Martin Niemoller?

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