A federal appeals court on September 4 determined that the U.S. Constitution does not establish a constitutional right to safe drinking water, rejecting claims brought by Jackson, Mississippi residents. The Fifth U.S. Circuit Court of Appeals affirmed a lower court’s dismissal of a case in which plaintiffs alleged that city officials knowingly allowed lead-contaminated water to reach homes and provided misleading public statements about its safety. Judge Kurt Engelhardt wrote that while access to safe water is important, it does not meet the constitutional standard of being deeply rooted in the nation’s history and tradition.
The lawsuit was filed in 2022 by Jackson residents who argued the city’s actions violated their constitutional right to bodily integrity under the 14th Amendment. Plaintiffs also contended that false assurances from officials about water safety violated their right to make informed health decisions. Judge Engelhardt rejected this argument, stating the Constitution does not provide redress for all governmental wrongdoing. Judge Catharina Haynes dissented in part, arguing residents had plausibly alleged a violation of bodily integrity rights. The ruling also addressed a separate federal determination that the city could not receive civil rights protections under the Civil Rights Act of 1965.
Jackson, over 80 percent Black with a poverty rate more than double the national average, has experienced water contamination for decades. Federal data indicates Black communities are more likely than white communities to be served by water systems with Safe Drinking Water Act violations, and systems in communities with larger Black populations typically take longer to repair or improve. Residents described experiencing brackish, dirty water and periods without service entirely. Some attributed health problems, including kidney infections and learning difficulties in children, to long-term exposure to contaminated water. The underlying infrastructure issues stem from decades of deferred maintenance, aging equipment, and a shrinking revenue base.
Mayor John Horhn expressed satisfaction with the ruling and reaffirmed the city’s commitment to residents’ health and safety. Advocacy organizations and residents questioned whether the outcome would have differed if Jackson’s demographics and economic circumstances were different. The decision signals that residents facing unsafe water systems may have limited constitutional remedies available to them.
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