A federal appeals court ruled there is no constitutional right to safe drinking water, using a long-running crisis in Jackson, Mississippi to conclude that the U.S. Constitution does not guarantee clean, safe tap water for Americans.
The September 4 decision came despite allegations that Jackson officials knew the water was contaminated while telling the public it was safe. The court also found the Constitution does not provide a “right to truthful information from officials during a public health crisis,” according to the ruling.
The outcome underscores how Black communities could bear the brunt of unsafe or deteriorating water systems while facing limited avenues for constitutional relief. Separately, the U.S. Environmental Protection Agency has already determined that the city could not receive support through the Civil Rights Act of 1965. Federal data shows Black communities are more likely than white communities to be served by systems with health-based Safe Drinking Water Act violations, and those systems often take longer to fix.
“Jackson residents did everything this country tells poor people to do. They organized, they testified, they boiled their water, they filed suit, they trusted the courts. And at every step the answer has been no,” said Danyelle Holmes of Mississippi’s Poor People’s Campaign.
Jackson is more than 80 percent Black and has a poverty rate more than double the national average. “What it signals is that the law has told a majority-Black capital city that its suffering is real but its remedy does not exist,” Holmes added.
How did the court come to this decision?
The case was brought by Jackson residents who said city officials knowingly allowed lead-contaminated water to reach homes and then misled the community about its safety. The suit also alleged state authorities violated civil rights law by steering federal drinking-water funds to white communities instead of Jackson.
Plaintiffs sued Jackson and former Mayor Chokwe Antar Lumumba in 2022, arguing the city violated their Fourteenth Amendment right to bodily integrity. They sought damages and reforms to water system management and public communication.
In affirming dismissal on September 4, the Fifth U.S. Circuit Court of Appeals held that while access to safe water is important, it is not a right “deeply rooted in our Nation’s history and tradition,” the test the court used to decide if a right is protected by the Constitution.
Residents also argued that officials’ alleged false assurances violated their ability to make informed health decisions. Judge Kurt Engelhardt rejected that claim, writing that misstatements about lead in water are not comparable to compelled evidence collection or invasive medical procedures without consent. He acknowledged the alleged harm but wrote, “The Constitution does not provide redress for every governmental wrongdoing.”
Judge Catharina Haynes dissented in part, saying the residents plausibly alleged a violation of bodily integrity by knowingly placing them in danger. Holmes said of the ruling, “They did not say the water was safe. They said even if everything the residents alleged is true, the Constitution owes them nothing.”
Jackson Mayor John Horhn responded: “We are pleased that the Fifth Circuit upheld the dismissal of these claims. The City remains committed to the health, safety, and well-being of every Jackson resident.”
What exactly is wrong with Jackson’s water?
Jackson’s water troubles predate the national spotlight of 2021. Residents say contamination concerns have spanned generations. “I do think the ruling would’ve been different if the majority of our city looked different, was in a different tax bracket, and had a different ZIP code,” resident Brooke Floyd said after the ruling, adding that while her rights were not guaranteed, others should also be concerned.
Another resident, Gwendolyn Reed-Davis, has long driven to relatives’ homes to wash clothes and bathe. She attributes her children’s learning problems and her kidney infection to years of exposure to contaminated water. Research has linked lead exposure to lifelong cognitive impairment, and race, particularly being Black, is a leading factor in lead poisoning risk in the United States.
Jackson’s failures stem from decades of deferred maintenance, aging treatment equipment, chronic main breaks, staffing shortages, and a shrinking revenue base that hindered repairs. In March 2020, the EPA warned that conditions posed an “imminent and substantial endangerment.” In February 2021, severe winter weather froze equipment and ruptured lines, leaving tens of thousands without running water for weeks. In 2022, flooding and failures at the O.B. Curtis Water Treatment Plant triggered a citywide emergency, bringing in federal intervention and a third-party manager to rebuild the system.
As the city works to stabilize service, residents are being asked to shoulder more costs. JXN Water, the federally appointed manager of the water and sewer system, says operations have improved and revenue has grown, but the utility remains under federal oversight. In March, a court-approved rate increase of about 12 percent raised the average monthly residential bill by roughly $8.88 to about $88. The utility’s financial plan proposes an added 10 percent increase in spring 2027, followed by proposed hikes of 9 percent in 2028 and 8 percent in 2029.
“We are organizing, we are marching to the polls, and we are not waiting on a court to tell us our lives are worth clean water,” Holmes said. “This is not about left and right. It is about right and wrong.”
constitutional right to safe drinking water
For Hawaiʻi readers, the ruling adds context to national debates over infrastructure and public health accountability. Island communities that rely on aging systems, limited freshwater sources, and complex utility governance may watch closely as courts define the limits of constitutional protections. While federal and state laws regulate water quality, this decision clarifies that constitutional claims face a high bar.
Similar concerns about how environmental and infrastructure burdens fall on communities of color have surfaced in other contexts, including how Black and Hispanic homeowners face higher insurance costs. As legal advocates and policymakers respond to the Fifth Circuit’s decision, the long-term implications for environmental justice and public health protections remain uncertain.
Jackson’s ongoing efforts to rebuild its water system will continue under federal oversight, with residents watching closely for both improvements and accountability. For now, the appeals court’s ruling signals that while policy and regulatory avenues remain, the Constitution offers limited recourse for communities seeking a guaranteed right to safe drinking water.
