Surely knowingly letting people drink lead contaminated water breaks other laws rather than their constitutional rights?
> We the People... in order to... [do establish] this Constitution
Is suing the government not essentially a petition for remedies? How else do you get the gov to listen?
The polite answer to that is JFK's line, “Those who make peaceful revolution impossible will make violent revolution inevitable."
> Rather, the remedy for Plaintiffs’ injuries lies in pursuing tort claims, electing representatives who will better manage the public-water system, and petitioning their representatives for other remedies.
Suing the government is indeed one of the things the court said they could do. They just can't sue alleging a violation of the particular federal statute they used in this suit.
Which certainly won't get thrown out over qualified immunity.
(And if they win a case against the city, it's coming out of their own pockets!)
https://en.wikipedia.org/wiki/Town_of_Castle_Rock_v._Gonzale...
> the Court ruled, 7–2, that a town and its police department could not be sued under 42 U.S.C. § 1983 for refusing to enforce a restraining order, even though the refusal led to the murders of a woman's three children by her estranged husband
We should have "spirit of the law" courts. This is absurd.
The Ninth Amendment: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
It's the Fifth Circuit, so I'm not shocked they haven't heard of it.
I strongly suspect the Fifth Circuit would considered their bodily integrity to have been impinged upon if someone snuck lead into their drinks.
Better to just take a look at the ruling itself. Note that it contains two opinions. First is the majority opinion, joined be 10 judges on the 15 judge panel. Then is an opinion joined by 5 judges that dissents in part and concurs in part.
[1] https://www.ca5.uscourts.gov/opinions/pub/24/24-60370-CV1.pd...
Hopefully there is some other legal redress under a different law or EPA regulation, but the courts can't just give in to faulty reasoning like that just because people were wronged by the government.
washelterskelte•31m ago
fwip•17m ago