Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

US appeals court declares 158-year-old home distilling ban unconstitutional
Reuters ^ | 04 10 2026 | Jonathan Stempel

Posted on 04/10/2026 4:29:13 PM PDT by yesthatjallen

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.

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.

They argued that people should be free to distill spirits at home, whether as ​a hobby or for personal consumption including, in one instance, to create ​an apple-pie-vodka recipe.

The ban was part of a law passed during ⁠Reconstruction in July 1868, in part to thwart liquor tax evasion, and subjected violators ​to up to five years in prison and a $10,000 fine.

Writing for a three-judge panel, ​Circuit Judge Edith Hollan Jones said the ban actually reduced tax revenue by preventing distilling in the first place, unlike laws that regulated the manufacture and labeling of distilled spirits on which ​the government could collect taxes.

She also said that under the government's logic, Congress could ​criminalize virtually any in-home activity that might escape notice from tax collectors, including remote work and ‌home-based ⁠businesses.

"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," Jones wrote.

SNIP

(Excerpt) Read more at reuters.com ...


TOPICS:
KEYWORDS: alcohol; booze; distilling; liquor; oenology; revenuers; unconstitutional; whiskeyrebellion; zymurgy
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-76 next last
To: Ol' Dan Tucker

“Angel’s share.”


21 posted on 04/10/2026 4:59:04 PM PDT by Fungi
[ Post Reply | Private Reply | To 14 | View Replies]

To: Vermont Lt

Many people can legally grow pot now and make their own hashish, and drink moonshine while doing it.


22 posted on 04/10/2026 5:00:05 PM PDT by ansel12 ((NATO warrior under Reagan, and RA under Nixon, bemoaning the pro-Russians from Vietnam to Ukraine.))
[ Post Reply | Private Reply | To 17 | View Replies]

To: freedomlover
Three cheers for Junior Samples 😂


23 posted on 04/10/2026 5:00:10 PM PDT by Magnum44 (...against all enemies, foreign and domestic... )
[ Post Reply | Private Reply | To 9 | View Replies]

To: lee martell

Distilling is a hobby for some and you can order stills online.


24 posted on 04/10/2026 5:01:30 PM PDT by ansel12 ((NATO warrior under Reagan, and RA under Nixon, bemoaning the pro-Russians from Vietnam to Ukraine.))
[ Post Reply | Private Reply | To 8 | View Replies]

To: yesthatjallen

25 posted on 04/10/2026 5:04:31 PM PDT by BlueLancer (Orchides Forum Trahite - Cordes Et Mentes Veniant)
[ Post Reply | Private Reply | To 1 | View Replies]

To: yesthatjallen

This could implicate home made firearms.


26 posted on 04/10/2026 5:05:11 PM PDT by marktwain (----------------------)
[ Post Reply | Private Reply | To 1 | View Replies]

To: yesthatjallen

Let’s throw out the rest of the Reconstruction era laws as well.


27 posted on 04/10/2026 5:16:27 PM PDT by PAR35
[ Post Reply | Private Reply | To 1 | View Replies]

To: Ol' Dan Tucker

& there’s going blind from The methanol toxicity


28 posted on 04/10/2026 5:18:11 PM PDT by griswold3 (Truth, Beauty and Goodness)
[ Post Reply | Private Reply | To 14 | View Replies]

To: yesthatjallen

I home brew beer and hard cider. Besides being delicious and healthier, there is a real satisfaction that comes with getting around a huge industry and heavy tax authority.


29 posted on 04/10/2026 5:25:06 PM PDT by Wilderness Conservative (Death to the DEATH TO AMERICA, Democrats.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Tucsonican

Not everyone wants a wife, lol


30 posted on 04/10/2026 5:26:04 PM PDT by Wilderness Conservative (Death to the DEATH TO AMERICA, Democrats.)
[ Post Reply | Private Reply | To 10 | View Replies]

To: lee martell

I have a Minneapolis-Moline tractor that runs perfectly well on pure ethanol...much like its owner.


31 posted on 04/10/2026 5:33:38 PM PDT by Mr. Lucky
[ Post Reply | Private Reply | To 8 | View Replies]

To: yesthatjallen

Back we go to Copperhead Road.


32 posted on 04/10/2026 5:37:36 PM PDT by HombreSecreto (The life of a repo man is always intense)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ansel12

I know. I know….

I have a little press in my home office. Nice little discs.


33 posted on 04/10/2026 5:40:27 PM PDT by Vermont Lt
[ Post Reply | Private Reply | To 22 | View Replies]

To: AdmSmith; AnonymousConservative; Arthur Wildfire! March; Berosus; Bockscar; BraveMan; cardinal4; ...
I tried to find Earthquake McGoon with his still (Lil Abner), but got bogged down in Daisy Mae images. Al Capp ruled.

34 posted on 04/10/2026 5:43:50 PM PDT by SunkenCiv (TDS -- it's not just for DNC shills anymore -- oh, wait, yeah it is.)
[ Post Reply | Private Reply | View Replies]

To: yesthatjallen

I know of a guy who knows of guy who makes awesome apple-pie-vodka, or so I’ve been told.


35 posted on 04/10/2026 5:44:43 PM PDT by Islander7 (There is no septic system so vile, so filthy, the left won't drink from to further their agenda.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: yesthatjallen

If it weren’t for this unconstitutional law NASCAR would not exist.


36 posted on 04/10/2026 5:46:48 PM PDT by LukeL
[ Post Reply | Private Reply | To 1 | View Replies]

To: yesthatjallen

Excellent!


37 posted on 04/10/2026 5:48:04 PM PDT by dware (Americans prefer peaceful slavery over dangerous freedom)
[ Post Reply | Private Reply | To 1 | View Replies]

To: griswold3

My thoughts exactly.


38 posted on 04/10/2026 5:48:18 PM PDT by Ruy Dias de Bivar (REOPEN THE MENTAL HOSPITALS CLOSED IN THE 1970s!)
[ Post Reply | Private Reply | To 28 | View Replies]

To: griswold3

Almost impossible. It’s the mixing of wood alcohol to cheaply increase alcohol content that blinds. Every moonshine tosses the small amount of methanol at the first of the run. Or using a radiator (big no no) which has lead solder or antifreeze in it. No competent moonshine should have a dangerous product.


39 posted on 04/10/2026 5:50:51 PM PDT by BipolarBob (Call my personal secretary, Jennie, at 867-5309.)
[ Post Reply | Private Reply | To 28 | View Replies]

To: yesthatjallen
Post-Civil War, the federal government faced massive debt and ongoing expenses during Reconstruction. There was no permanent federal income tax at the time (the Civil War-era income tax had expired or was limited), so excise taxes on alcohol and tobacco became critical revenue sources. The distilled spirits tax had been hiked sharply during the war and remained a major income stream afterward.

The ban on home (or "dwelling-house") distilling was justified primarily as an enforcement tool. It aimed to prevent widespread tax evasion by small-scale or hidden "moonshine" operations that were hard to monitor and tax. By forcing distillation into registered commercial facilities (with bonds, warehouses, stamps, and oversight), the government could more reliably collect the excise tax on spirits before they left the premises.

Alcohol excise taxes (especially on distilled spirits) helped fund the government when tariffs and other levies weren't enough. The 1868 law lowered the per-gallon tax rate somewhat but tightened administration to boost overall collections.

With today's MASSIVE income taxes, that 1868 argument no longer holds.

40 posted on 04/10/2026 5:52:31 PM PDT by ProtectOurFreedom ( )
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-76 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson