A U.S. appellate court recently ruled that the federal Constitution does not guarantee a right to clean water. The decision, made by the Fifth Circuit Court of Appeals based in New Orleans, upheld a lower court’s dismissal of a lawsuit filed in 2022 by residents of Jackson, Mississippi. These residents claimed that unsafe drinking water—contaminated with high levels of lead and other pollutants—violated their constitutional rights. The court rejected their claims, stating that such a right is not rooted in the nation’s legal history or traditions. In its majority opinion, the court emphasized that the plaintiffs were seeking the recognition of two new constitutional rights that lack historical or legal basis: the right to be free from exposure to contaminated water and the right to receive accurate information from public officials. The court suggested that residents should instead pursue legal options such as tort claims or vote for officials who can better manage the public water system. Tort claims are legal actions where individuals seek compensation for harm caused by others, aiming to hold responsible parties accountable and prevent similar harm in the future. The court acknowledged that both the state of Mississippi and the federal government have been working to improve the drinking water quality in Jackson, a city with a majority-Black population. However, it clarified that the Constitution does not require states to provide essential services unless there is a special relationship between the government and the individual. It also stated that cities are not constitutionally obligated to deliver water treatment or waste management services in a highly competent manner. While the court expressed understanding of the harm caused by government mismanagement, it maintained that constitutional rights cannot be based solely on sympathy. It noted that the problems faced by Jackson residents, though severe, do not infringe upon any fundamental constitutional right. Jackson Mayor John Horhn welcomed the court’s decision, stating that the city is committed to the health and safety of its residents. Residents of Jackson have long struggled with water-related issues, and in September 2022, the NAACP filed a complaint alleging that Mississippi state authorities violated civil rights by diverting federal funds meant for improving drinking water safety to white communities instead of Jackson. This alleged racial discrimination contributed to ongoing problems with unsafe and unreliable drinking water. In August 2025, the NAACP’s Jackson branch filed a lawsuit against several Mississippi officials, accusing them of intentionally withholding federal relief funds intended to address the city’s water infrastructure crisis. The lawsuit seeks to declare the diversion of funds discriminatory and to prevent further misallocation of resources.