Elevator Pitch

• A federal appeals court struck down a 158-year-old ban on home distilling, saying it was an unconstitutional and overbroad use of Congress’s taxing power.

Key Takeaways

• The fifth circuit ruled for the Hobby Distillers Association and four members seeking to distill spirits at home for hobby or personal use.
• The court said the 1868 Reconstruction-era ban, intended to curb liquor tax evasion, actually reduced tax revenue by preventing distilling outright.
• The judge warned the government’s theory could justify criminalizing many in-home activities to prevent tax avoidance, effectively creating federal “police power.”

Most Memorable Quotes

• “Without any limiting principle, the government’s theory would violate this court’s obligation to read the constitution carefully to avoid creating a general federal authority akin to the police power,”
• The ban “originated in Reconstruction era to thwart liquor tax evasion”.
• The decision was called “an important victory for individual liberty” that allows plaintiffs to “pursue their passion to distill fine beverages in their homes”.