Clean Water Not a Constitutional Right | Charleston News

A major legal blow to clean water rights: The Fifth Circuit Court of Appeals ruled that access to safe drinking water isn’t guaranteed by the Constitution, even in cases like Jackson, Mississippi’s lead-tainted water crisis. The court rejected claims that government negligence violated the Fourteenth Amendment, dismissing arguments tied to bodily integrity and finding no historical precedent. This decision directly contradicts a similar ruling from the Sixth Circuit in Flint, Michigan, where residents successfully sued over poisoned water. A dissenting opinion, led by Judge Catharina Haynes, argued the case mirrored Flint and should have moved forward — noting ten other federal courts have recognized such constitutional claims. Meanwhile, Jackson’s water system remains under court supervision as repairs continue, with the mayor praising the ruling while reaffirming commitment to public health.

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