Fifth Circuit rules clean drinking water is not a constitutional right in Jackson, Mississippi case

The U.S. Court of Appeals for the Fifth Circuit ruled 10-5 that the U.S. Constitution does not guarantee a right to clean drinking water, affirming the dismissal of a 2022 lawsuit by Jackson, Mississippi residents. The plaintiffs, including Priscilla Sterling, alleged that Jackson officials knowingly allowed residents to consume lead-contaminated water, violating their 14th Amendment right to bodily integrity. Judge Kurt Engelhardt wrote that while the deprivations were grievous, they do not infringe upon deeply rooted constitutional rights.

Fifth Circuit water contamination ruling

• ▪The Fifth Circuit Court of Appeals ruling affirmed the dismissal of a 2022 lawsuit filed by Jackson, Mississippi residents against the city over lead-contaminated water.
• ▪The Fifth Circuit Court of Appeals majority stated that municipalities are not constitutionally required to provide water treatment, sewerage, or waste-management services in a reasonably competent manner.
• ▪The U.S. Court of Appeals for the Fifth Circuit ruled 10-5 on September 4, 2026, that the U.S. Constitution does not guarantee a right to clean drinking water.

Jackson water system crisis

• ▪The Jackson, Mississippi water lawsuit was filed in 2022 by residents Priscilla Sterling, Raine Becker, Shawn Miller, and John Bennett.
• ▪The NAACP filed a civil rights complaint in 2022 and a lawsuit in 2025 alleging Mississippi authorities diverted federal water infrastructure funds from Jackson to white communities.
• ▪The Jackson, Mississippi municipal water system suffered a major crisis in 2022 following years of infrastructure problems, leaving residents without safe running water.

Constitutional right debate

• ▪The Jackson plaintiffs argued that exposure to contaminated water and the failure to be informed of risks violated their 14th Amendment due process right to bodily integrity.
• ▪At least nine U.S. states, including New York and Massachusetts, and countries like Uruguay and South Africa, constitutionally protect the right to clean drinking water.
• ▪The Fifth Circuit Court of Appeals rejected the plaintiffs' arguments, refusing to recognize constitutional rights to be free from contaminated water and to receive accurate official information.

Lead exposure health impacts

• ▪Jackson plaintiff Priscilla Sterling stated that several of her children were diagnosed with lead poisoning, which can cause permanent brain damage, seizures, and impaired development.
• ▪Nearly a quarter of Jackson, Mississippi's population of roughly 150,000 consists of children under the age of 18 who are highly vulnerable to lead exposure.

Infrastructure failures

• ▪Environmental Protection Agency officials conducted tests in 2020 that revealed persistent violations of water safety policy, including leaks, corrosion, and high lead levels in Jackson.
• ▪The Mississippi State Department of Health found elevated lead levels in Jackson's water supply during testing conducted between 2010 and 2013, and in 2015.

Government information disclosure

• ▪The Mississippi State Department of Health remained silent for six months after discovering elevated lead levels in Jackson's water supply in 2015, according to Grist.
• ▪The Jackson plaintiffs alleged that the city government deliberately withheld information about water toxicity and exacerbated lead concentration by issuing boil-water notices.

Debatable claims

• ▪The U.S. Constitution should guarantee a right to clean drinking water
• ▪Citizens should have a constitutional right to accurate official information