A federal judge rejected a more than a century-old ban on home distilling as unconstitutional Wednesday.
Judge Mark Pittman, a Trump appointee, found that a federal law making it a felony to distill spirits at home exceeded Congress’ power, holding that neither Congress’ tax power nor its ability to regulate interstate commerce justified the ban. Pittman permanently blocked the government from enforcing the ban, which threatened violators with up to $10,0o0 in fines or 5 years in prison, against the plaintiffs it found to have standing.
“Indeed, the Constitution is written to prevent societal amnesia of the defined limits it places on this government of and by the people,” Pittman wrote. “That is where the judiciary must declare when its coequal branches overstep their Constitutional authority. Congress has done so here.”
President Jimmy Carter signed a law that legalized homebrewing in 1978, but distilling spirits at home remained illegal.
Late 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. https://t.co/Chyo78AA8Z
— Competitive Enterprise Institute (@ceidotorg) July 11, 2024
The Hobby Distillers Association, an organization that includes over 1,300 members, filed a lawsuit against the Alcohol and Tobacco Tax and Trade Bureau (TBB) and Department of Justice (DOJ) in December to challenge the ban. Competitive Enterprise Institute General Counsel Dan Greenberg, who represented the plaintiffs, said in a statement that the ruling is “a victory for personal freedoms and for federalism.”
“We’re pleased to see that the court determined that the home distilling ban is unconstitutional – and that it blocked enforcement of the ban against our clients,” Greenberg said. “More broadly, the court’s decision reminds us that, as Americans, we live under a government of limited powers.”
Pittman paused his ruling for 14 days to enable the government to seek emergency relief from the appeals court.
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