A U.S. appeals court has ruled that a nearly 158-year-old federal ban on home distilling is unconstitutional.[4]
What the court held
- The court (the U.S. Court of Appeals for the 5th Circuit, based in New Orleans) said the ban was an “unnecessary and improper” way for Congress to exercise its taxing authority.[4]
- The decision came in a case involving the Hobby Distillers Association and some of its members.[4]
- Reporting on the ruling says the judges reasoned that the ban could reduce tax revenue by preventing distilling in the first place (rather than effectively collecting taxes).[3][4]
Why it matters
- The ruling limits federal enforcement of the home-distilling prohibition, but it does not necessarily stop state-level regulation (e.g., health/safety rules), which can still apply.[5]
If you want, tell me your state (or whether you’re asking as a hobbyist, business, or policy issue) and I can summarize what this likely means in practice.
Sources
A U.S. appeals court on Friday declared unconstitutional a nearly 158-year-old federal ban on home distilling.
thedailyrecord.comA U.S. appeals court today declared unconstitutional a nearly 158-year-old federal ban on home distilling, calling it an unnecessary and improper means for Congress to exercise its power to tax.
ground.newsAn appeals court on Friday declared unconstitutional a nearly 158-year-old ban on home distilling, calling it an unnecessary and improper means for Congress to tax the public.
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www.usnews.comLate last night, after months of litigation, a federal court in Texas decided the federal ban on at-home distillation of beverage spirits is unconstitutional. The district court’s decision is fair; it is correct on the law; and it is historic. Lawyers at the Competitive Enterprise Institute (CEI) represent several amateur home-distilling enthusiasts who want to […]
cei.orgA U.S. appeals court on Friday declared unconstitutional a nearly 158-year-old federal ban on home distilling, calling it an unnecessary and improper means for Congress to exercise its power to tax. The 5th U.S. Circuit Court of Appeals in New Orleans ruled in favor of the nonprofit Hobby Distillers Association and four of its 1,300 members.
ground.newsA federal appeals court has struck down the nearly 158-year-old federal ban on home distilling, declaring the Reconstruction-era prohibition an unconstitutional overreach of Congress’ taxing authority.
www.washingtontimes.com