What federal ban on home distilling was declared unconstitutional?

A federal ban on home distilling, which had been in place since July 1868, was declared unconstitutional by a U.S. appeals court.

Why was the home distilling ban ruled unconstitutional?

The appeals court determined that the ban was an unnecessary and improper means for Congress to exercise its taxing power.

Who won the case against the federal home distilling ban?

The 5th U.S. Circuit Court of Appeals ruled in favor of the nonprofit Hobby Distillers Association and four of its members.

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Home Distilling Ban Declared Unconstitutional

11 Apr

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Summary

A federal ban on home distilling, enacted in 1868, was struck down.
The appeals court cited the ban as an improper exercise of Congress's taxing power.
The ruling allows individuals to distill spirits at home as a hobby.

Home Distilling Ban Declared Unconstitutional

A federal ban on distilling spirits at home, in place since July 1868, has been declared unconstitutional by a U.S. appeals court. The 5th U.S. Circuit Court of Appeals in New Orleans ruled in favor of the Hobby Distillers Association and its members. The court found the nearly 158-year-old prohibition to be an improper and unnecessary means for Congress to exert its taxing authority.

Circuit Judge Edith Hollan Jones wrote that the ban may have even reduced tax revenue by deterring distilling altogether. She argued that the government's justification could lead to federal overreach into personal activities like remote work or home-based businesses. This decision upholds a previous ruling by a U.S. District Judge in Fort Worth, Texas, and is considered a significant win for individual liberty and federal power limitations.

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