The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
My Resignation From The Heritage Foundation
I sent this letter this evening to Dr. Kevin Roberts, President of 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.
I am not alone in recognizing how you wounded Heritage's moral standing. For more than a year, the Meese Center was planning a massive book signing at the Federalist Society National Convention. Heritage generously donated nearly 1,500 copies of the Guide, and everyone in attendance would have received a free copy. We arranged for nearly one-hundred contributors to autograph the book. Regrettably, your ill-timed remarks came only a few days before the Convention began. In short order, contributors told us that they could no longer autograph a book they already contributed to. The Heritage brand, once iconic, instantly became toxic. We made the difficult decision to cancel the book signing. This was a point of personal sadness, as John and I were so eager to celebrate the launch of this important work with the conservative legal movement.
The fallout is even greater. Judges who have spoken at Heritage told me they would no longer affiliate with Heritage, and would no longer recommend their clerks attend the Clerkship Academy. Scholars who won prizes from Heritage told me they would no longer contribute to any Heritage publications. Public interest litigators have tweeted that they will no longer attend the Legal Strategy Forum.
The Heritage Foundation is greater than any single President. But one President has done what was once unthinkable. The Meese Center cannot survive under Heritage's current leadership, and the damage to the Meese Center brand has been irreparable. My only hope is that the important scholarship in the Heritage Guide can continue to be studied.
Sincerely,
Josh Blackman
Former Senior Editor
Heritage Guide to the Constitution
