Fifth Circuit rules Jackson residents lack constitutional right to safe drinking water

September 12, 2026 at 02:30 PM2 min

This digest was compiled by AI from multiple sources — links to the originals are below.

The Fifth Circuit Court of Appeals affirmed dismissal of a lawsuit against Jackson, Mississippi, alleging the city knowingly let residents drink lead-contaminated water. Judge Kurt Engelhardt ruled the Constitution does not protect a right to bodily integrity from such harm. The ruling comes despite elevated lead levels documented in Jackson's water since 2015.

Key Facts

The Fifth Circuit Court of Appeals affirmed dismissal of the 2022 lawsuit against Jackson, Mississippi, on Friday.
Judge Kurt Engelhardt, appointed by Donald Trump, wrote that the alleged deprivations 'do not infringe upon any deeply rooted constitutional right.'
At least nine US states and more than a dozen countries constitutionally protect the right to clean drinking water.
Jackson is more than 80 percent Black and has a poverty rate more than double the national average.
EPA tests in 2020 found 'persistent and concerning violations' including high lead levels throughout Jackson's water system.

The Ruling

The Fifth Circuit Court of Appeals affirmed the dismissal of a lawsuit against Jackson, Mississippi, which alleged the city knowingly let residents drink lead-contaminated water. The lawsuit, first filed in 2022, claimed the contamination violated Jacksonians' constitutional right to bodily integrity. Judge Kurt Engelhardt, appointed by Donald Trump, stated that 'the Constitution does not provide redress for every governmental wrongdoing.' Engelhardt added that the alleged deprivations, 'while grievous, do not infringe upon any deeply rooted constitutional right.' He also ruled there is no 'constitutional right to truthful information from officials during a public health crisis.'

Jackson Water Contamination

In 2015, officials from the Mississippi State Department of Health found elevated lead levels in Jackson's water supply but remained silent for six months, according to reporting from Grist. EPA officials ran tests in 2020 and found 'persistent and concerning violations' of water safety policy, including leaks, corrosion, and high lead levels throughout the system. No city, state, or federal agency fixed the problem, and residents continued drinking water with unsafe lead levels. Plaintiff Priscilla Sterling's children were diagnosed with lead poisoning, which can cause permanent brain damage, according to the 2022 lawsuit. A quarter of Jackson's residents are children, who are particularly vulnerable to the lifelong effects of lead poisoning.

State and Global Protections

At least nine US states and more than a dozen countries protect clean drinking water as a constitutional right. New York's state constitution, as of a 2021 amendment, states that 'each person shall have a right to clean air and water, and a healthful environment.' Massachusetts has constitutionally protected 'the right to clean air and water' since 1972. Countries including Uruguay and South Africa enshrine a right to clean water in their constitutions.