Fifth Circuit: No Constitutional Right to Safe Drinking Water — SkimNews
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- Fifth U.S. Circuit Court of Appeals affirmed the dismissal of Jackson, Mississippi residents' lawsuit on September 4, ruling the Constitution does not guarantee the right to safe drinking water or to truthful information from officials during a public health crisis
- Judge Kurt Engelhardt wrote that while access to safe water is 'important,' it is not a right 'deeply rooted in our Nation's history and tradition,' the standard the court applied to decide if it is constitutionally protected
- Judge Catharina Haynes dissented in part, arguing residents had plausibly alleged Jackson violated their right to bodily integrity by knowingly placing them in danger; residents sued the city and former Mayor Chokwe Antar Lumumba in 2022 under the 14th Amendment
- Jackson, Mississippi—over 80% Black with a poverty rate more than double the national average—has faced decades of water contamination; federal data shows Black communities are more likely than white communities to be served by water systems with Safe Drinking Water Act violations
- EPA warned in March 2020 that Jackson's water system presented an 'imminent and substantial endangerment'; in February 2021 severe winter weather left tens of thousands without running water, and a 2022 O.B. Curtis Water Treatment Plant failure prompted federal intervention and a third-party manager
- Jackson Mayor John Horhn said the city was 'pleased' with the ruling, while a court-approved rate increase of about 12% in March raised the average residential water-and-sewer bill by roughly $8.88 to about $88, with further proposed hikes of 10% in 2027, 9% in 2028, and 8% in 2029
Why it matters: For Jackson residents—who are over 80% Black and living at more than double the national poverty rate—the ruling forecloses a constitutional remedy for lead-contaminated water they allege officials knowingly concealed. With the EPA already determining Jackson cannot receive support through the Civil Rights Act of 1965 and average bills rising to $88 alongside proposed 10%/9%/8% annual hikes through 2029, residents are left to finance infrastructure improvements through rate increases while their federal constitutional claims have been rejected.
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