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No constitutional right to clean water, federal court finds

https://www.usatoday.com/story/news/nation/2026/09/07/court-constitution-right-clean-water/91649488007/
54•measurablefunc•1h ago

Comments

washelterskelte•31m ago
Government officials allowing this to happen should be sentenced to acute lead poisoning.
fwip•17m ago
Good chance that's how they got this way.
helsinkiandrew•29m ago
> alleged that the city knowingly allowed residents to drink unsafe water.

Surely knowingly letting people drink lead contaminated water breaks other laws rather than their constitutional rights?

etchalon•25m ago
Turns out, if the government does it, no.
zamadatix•23m ago
Dependence on "interpretation of the day" of the US Constitution seems to have overtaken regular maintenance of the law in a lot of high profile issues for the last many decades.
cocacola1•28m ago
This seems to fall under the whole “promote the general welfare” part of the Preamble of the Constitution, though perhaps the court is unaware of it.
ndriscoll•18m ago
That sentence just says why we're making a national government (i.e. giving up some of our rights). It does not create some unlimited requirement for governments (especially state) to do whatever they can to promote general welfare, whatever that means. It doesn't even grant unlimited authority to do so. Or really say anything at all except state a very general purpose for why a government is a sensible thing to have.

> We the People... in order to... [do establish] this Constitution

gruez•16m ago
Give how vague constitutional clauses have been (ab)used to sneak in legislation through the judicial system (eg. roe v wade, or louisiana v. callais), the last thing we need are even more avenues to sue the government just because the plaintiff doesn't think the government is acting in the way they think is best.
bix6•24m ago
> Rather, he said residents should take other paths to redress, including electing better representatives and petitioning the government for remedies.

Is suing the government not essentially a petition for remedies? How else do you get the gov to listen?

GolfPopper•18m ago
>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."

tzs•12m ago
The article left off part of part of what the court said, which was (emphasis added):

> 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.

ceejayoz•11m ago
> pursuing tort claims

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!)

mathisfun123•22m ago
People don't read enough court decisions. Did you know you don't have a constitutional right to be protected by the police either

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

Avicebron•15m ago
> He [judge] also said there was no constitutional right to “truthful information from officials during a public health crisis.”

We should have "spirit of the law" courts. This is absurd.

db48x•5m ago
I completely disagree. Not everything can be included in the Constitution. We have ordinary laws to address things like this.
ceejayoz•13m ago
> In the majority decision, Judge Kurt Engelhardt wrote that while the deprivation of clean water was “grievous,” it did “not infringe upon any deeply rooted constitutional right.” “We are skeptical that the right to not be harmed by lead-contaminated water fits within the right to bodily integrity, and Plaintiffs point us to no historical tradition or Supreme Court precedent convincing us,” he wrote.

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.

tzs•8m ago
The court ruling his here [1]. While this article is way better than the one from yesterday, it does have some big problems.

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...

_--__--__•7m ago
This ruling seems obviously correct to me? The plaintiffs claimed this was a 14th amendment issue, but at the time the 14th was added cholera outbreaks were still somewhat common in the US and there was no remote notion of safe drinking water provided universally by municipal governments.

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.

bzip3

https://github.com/iczelia/bzip3
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No constitutional right to clean water, federal court finds

https://www.usatoday.com/story/news/nation/2026/09/07/court-constitution-right-clean-water/916494...
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