Fifth Circuit rules Constitution does not guarantee right to clean water

The Fifth Circuit Court of Appeals has upheld the dismissal of a class-action lawsuit brought by residents of Jackson, Mississippi, ruling that the U.S. Constitution does not guarantee a right to safe drinking water.

The 2022 lawsuit alleged that city officials allowed lead and other contaminants to enter the water supply and misled the public regarding its safety. Plaintiffs argued that these failures violated their Fourteenth Amendment rights to due process, bodily integrity, and liberty. They claimed the city deprived them of these rights through “two mediums: pipes and lies.”

In its majority opinion, the court rejected the legal arguments, stating that the plaintiffs sought “recognition of two new constitutional rights lacking any foundation in the history and tradition of our nation.” The court noted there is no historical basis or binding precedent under the Due Process Clause to hold the city or its officials liable for such claims. The ruling suggested that residents seeking remedies for water quality should instead pursue tort claims or seek change through elected representatives.