A U.S. appeals court ruled that a nearly 158-year-old federal ban on home distilling is unconstitutional. The decision was issued by the U.S. Court of Appeals for the 5th Circuit (New Orleans) and upheld an earlier 2024 ruling from a federal district judge in Texas.[1][3]
The panel said the ban was an “unnecessary and improper” way for Congress to use its taxing power, and it warned that accepting the government’s reasoning could allow the federal government to criminalize a wide range of ordinary at-home activities to avoid tax enforcement.[3][1]
The ruling was in favor of the Hobby Distillers Association and several of its members (described in coverage as about 1,300 members).[2][1]
The coverage indicates the case concerned enforcement of the federal ban against the plaintiffs/members, while state regulation of alcohol and related safety rules would still be able to apply.[7][3]
If you tell me whether you want the Reuters-original framing or a plain-English summary (and whether you care about dates/where enforcement is affected), I can tailor the write-up to that.
(Reuters) - A 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.
nydailyrecord.comA U.S. appeals court 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.
thedailyrecord.comThe Fifth U.S. Circuit Court of Appeals ruled on April 10 that a Reconstruction-era prohibition on home distilling exceeds Congress’s taxing power.
www.theepochtimes.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.orgFederal Judge rules 1868 law banning on home-distilling is unconstitutional. Grants plaintiffs' motion and dismisses case with prejudice.
www.distillerytrail.comA 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.
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