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 because people were wronged by the government.
That'd require them explaining why "the 14th Amendment predates germ theory" is a reasonable argument but not "the Second Amendment predates machine guns".
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.
It's interesting how a lot of newer countries just put the right to water directly in the constitution. South Africa says some stuff about the government having an obligation toward "progressive realization" of the goal [1], whereas Slovenia just straight says water is a right [2].
The court ruling is 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.
And then entities litigate to have those laws overturned on highly abstract theoretical grounds, alleging that they violate the framers' intent in drafting the Constitution, or exceed enumerated powers or whatever.
Never once tried to argue that it should be included in the Constitution. I suppose one of those "other laws" will cover when the government deliberately gives people lead poisoning? I wonder why they didn't go with that one...
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.
At most that will just get it dismissed against some individual plaintiffs. It won't affect their case against the city and any companies such as the engineering firm that was a defendant in this particular lawsuit.
It'll come out of their taxes, which the city will either have to raise, or cut costs somewhere to pay for. The people responsible will be neither criminally nor civilly liable, leaving zero disincentive to others.
Constitutional right? No. But, it's an abject failure of the local government overseeing the infrastructure to fix or solicit help to fix. Jackson, MS government failed. Targeting them on the grounds of a constitutional violation seems like borderline legal malpractice, but probably an unfortunate standard time wasting legal protocol, for lawyers to suggest this was a viable route to begin with.
At the risk of an analogy, this is like finding that the Linux kernel provides no guarantee that a process won’t contain buffer overflow vulnerabilities. While buffer overflows are bad, and it would be a good idea to try to prevent them, enforcing against them at the kernel level would be a far-reaching prospect with many consequences, intended and unintended.
The judge is opining that other layers of protection are available.
Yes? Why would there be? This is a nation built on negative rights. If you pay taxes/fees to some institution for a service and the the institution fails to provide it, that's already covered by some contract law, no?
I know this will be read as me saying they shouldn't have clean water. What I'm saying is that declaring a positive right is not an effective approach to satisfying that right in this country, or anywhere that I'm aware. But especially this country. If I was in that jurisdiction I would be kind of insulted if this was presented as a reasonable approach to secure clean water.
> 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.
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 national government is a sensible thing to have.
> We the People... in order to... [do establish] this Constitution
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.
> 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
US residents are only allowed to buy and drink brawndo (TM), for safe and clean consumption, they can even use it to irrigate the crops because it has electrolytes!!
Hard to see where we go from here as a society where arbitrary laws that bind us all are essentially written on the fly by whatever judges happen to be in the Supreme Court, circuit courts, state courts, etc.
How is it possible to have a democracy under these conditions?
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 because people were wronged by the government.
Germ Theory starting -only- 8 years prior doesn't really mean much here...
Surely knowingly letting people drink lead contaminated water breaks other laws rather than their constitutional rights?
Seems to depend upon how black the citizens are (based on clear patterns of where this is allowed to happen).
[1]: https://www.gov.za/documents/constitution/chapter-2-bill-rig...
[2]: https://www.uradni-list.si/glasilo-uradni-list-rs/vsebina/12...
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...
We should have "spirit of the law" courts. This is absurd.
Is suing the government not essentially a petition for remedies? How else do you get the gov to listen?
> 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!)
Which again, if they win, they pay for!
It'll come out of their taxes, which the city will either have to raise, or cut costs somewhere to pay for. The people responsible will be neither criminally nor civilly liable, leaving zero disincentive to others.
The polite answer to that is JFK's line, “Those who make peaceful revolution impossible will make violent revolution inevitable."
The judge is opining that other layers of protection are available.
I know this will be read as me saying they shouldn't have clean water. What I'm saying is that declaring a positive right is not an effective approach to satisfying that right in this country, or anywhere that I'm aware. But especially this country. If I was in that jurisdiction I would be kind of insulted if this was presented as a reasonable approach to secure clean water.
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.
> We the People... in order to... [do establish] this Constitution
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
It's clear at this point that judges pick the outcome they want then find ways to interpret the case, precedent, etc. to fit. You can see it in the dissent here. https://www.ca5.uscourts.gov/opinions/pub/24/24-60370-CV1.pd...
Hard to see where we go from here as a society where arbitrary laws that bind us all are essentially written on the fly by whatever judges happen to be in the Supreme Court, circuit courts, state courts, etc.
How is it possible to have a democracy under these conditions?