Federal court rules there is no constitutional right to safe drinking water

The Fifth U.S. Circuit Court of Appeals ruled on September 4 that the Constitution does not guarantee Americans a right to safe drinking water, nor a right to truthful information from officials during a public health crisis. The ruling came in a lawsuit brought by residents of Jackson, Mississippi, a city more than 80% Black, who alleged officials knew the water was lead-contaminated and told the public it was safe anyway.

Judge Kurt Engelhardt, writing for the majority, said access to safe water is important but not a right deeply rooted in the nation's history and tradition, the legal standard for constitutional protection. He also rejected the residents' claim that official lies about lead violated their right to bodily integrity, distinguishing it from the state physically extracting evidence from a suspect. Judge Catharina Haynes dissented in part, arguing residents had plausibly alleged Jackson knowingly endangered them.

Jackson's mayor John Horhn said the city was pleased the dismissal was upheld and remains committed to residents' health and safety. Federal data cited in the case shows Black communities are more likely to be served by water systems with health-based violations, and that such systems take longer to fix. The EPA has separately determined Jackson could not receive support through the Civil Rights Act of 1965.

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