You Don't Have a Right to Safe Drinking Water, US Court Rules
A US federal appeals court has ruled that there is no constitutional right to safe drinking water in a case involving lead contamination in Jackson, Mississippi. The court dismissed the lawsuit, stating that government failures regarding public health do not necessarily infringe upon deeply rooted constitutional rights.
Why it matters
This ruling highlights a significant gap between state-level environmental protections and federal constitutional law, potentially limiting legal recourse for citizens facing public health crises.
A volunteer grabs a gallon of water at a water and food distribution drive held by College Hill Baptist Church and the World Central kitchen on March 7, 2021 in Jackson, Mississippi. Michael M. Santiago/Getty
On Friday, the Fifth Circuit Court of Appeals affirmed the dismissal of a lawsuit against the city of Jackson, Mississippi, which alleged the city knowingly let residents drink lead-contaminated water.
The lawsuit, first filed in 2022 , says the contamination violated Jacksonians’ constitutional right to bodily integrity. Donald Trump-appointed judge Kurt Engelhardt disagreed . “The Constitution does not provide redress for every governmental wrongdoing,” Engelhardt said. “Defendants’ actions allegedly deprived Plaintiffs of clean water and guileless information. These deprivations, while grievous, do not infringe upon any deeply rooted constitutional right.”
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