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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
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To: yesthatjallen

One of my uncles and my mother’s father made raki annually using raisins.

“Suma rakı, i.e. distilled rakı prior to the addition of aniseed, is generally produced from raisins”

https://en.wikipedia.org/wiki/Rak%C4%B1

My sister and her husband Gary made wine annually.


41 posted on 04/10/2026 5:56:52 PM PDT by Brian Griffin
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To: lee martell

Apple Pie moonshine is very popular. My son’s friend makes it and it’s good but very powerful.


42 posted on 04/10/2026 5:57:11 PM PDT by Excellence (ANGRY, DAMNED-OLD, GUN-TOTIN' WOMAN FOR TRUMP)
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To: yesthatjallen

“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.”

I maintain my cars at home, by the logic of the distilling law, I’d have to pay sales tax (and whatever other taxes) on the work that I do on the cars. Glad I’m not an outlaw anymore...and now I can cut my grass without fear, too.


43 posted on 04/10/2026 6:12:05 PM PDT by BobL (Trusting one's doctor is the #1 health mistake one can make.)
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To: Tucsonican

LMAO

However, I can see it becoming poopular if some top decorators figured out a way to make it a great design area.Sofa-shaped barrels? Seasonal slipcovers? Big contests housewives would try to win ((if they could still stand up).


44 posted on 04/10/2026 6:17:55 PM PDT by Veto! ((Trump is Superman))
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To: Islander7

Can you get the recipe? Apple Pie Vodka sounds good.


45 posted on 04/10/2026 6:25:43 PM PDT by Veto! ((Trump is Superman))
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To: yesthatjallen

I used to collect not so good home fermented wine and distilled it to make pretty good brandy. 150+ proof.


46 posted on 04/10/2026 6:27:17 PM PDT by NewHampshireDuo ( )
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To: yesthatjallen

Moonshine can now be Sunshine !!!!!!!!!!

buy your copper still now before the prices spike


47 posted on 04/10/2026 6:31:17 PM PDT by algore ( )
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To: yesthatjallen

Let the good times roll!


48 posted on 04/10/2026 6:37:39 PM PDT by simpson96
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To: SunkenCiv

I seem to remember Mammy Yokum brewed as well.

“Kickapoo Joy Juice” didn’t bring any results, either.


49 posted on 04/10/2026 6:37:41 PM PDT by decal (They won't stop, so they'll have to be stopped)
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To: Tucsonican
The problem with home distilling isn’t so much the distilling as it is the aging.

And failure to discard the first and last 10% for safety reasons.

50 posted on 04/10/2026 7:08:58 PM PDT by Bloody Sam Roberts (Perfection is impossible. But if you pursue perfection you may achieve excellence - - Vince Lombardi)
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To: yesthatjallen

Copper Kettle
By Frank Beddoe (Bob Dylan and Joan Baez versions on records)

Build you a fire with hickory
Hickory, ash and oak
Don’t use no green or rotten wood
They’ll get you by the smoke

We’ll just lay there by the juniper
While the moon is bright
Watch them jugs a-filling
In the pale moonlight

My daddy he made whiskey
My granddaddy he did too
We ain’t paid no whiskey tax
Since 1792.

Version on Self Portrait.
https://www.youtube.com/watch?v=BhavzsdylbM


51 posted on 04/10/2026 7:12:16 PM PDT by frank ballenger (There's a battle outside and it's raging. It'll soon shake your windows and rattle your walls. )
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To: yesthatjallen

I would love to know what was the basis for Congress’s power to enact such a law in the first place? After all, there’s no interstate commerce involved here. If they had levied attacks on alcohol production, that would’ve been one thing, because Congress has the power to tax things. But this is an outright ban. This should’ve been overturned as unconstitutional long ago.

This reminds me of something I first heard about 50 years ago, which is that my grandfather, who was a doctor and had a good understanding of chemistry, made some “bathtub booze“ during Prohibition in a still that he put together. Before I learned that, as a young teen, I had this illusion of my grandfather (a kindly older gentleman with a proper pot belly) being a completely upright and law-abiding citizen. He explained to me that nobody was going to tell him that he couldn’t do what his parents and grandparents or older ancestors going back thousands of years could and did do. He said he was far from alone, that literally millions of Americans were doing the same thing.


52 posted on 04/10/2026 7:14:16 PM PDT by Ancesthntr ("The right to buy weapons is the right to be free." The Weapons Shops of Isher)
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To: freedomlover

one had ax holes in the remaining metal.
= = =

Those were from the feds.


53 posted on 04/10/2026 7:20:15 PM PDT by Scrambler Bob (Running Rampant, and not endorsing nonsense; My pronoun is EXIT. And I am generally full of /S)
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To: lee martell

You might be surprised. Get a little way out of town and you could find it. I mean, at least you could here, people living in a fundamentalist area might have it harder.


54 posted on 04/10/2026 7:22:04 PM PDT by gnarledmaw (Hivemind liberals worship leaders, sovereign conservatives select servants.)
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To: yesthatjallen

I am very happy that this ban has come to light.
Now, I can test and put into action my grand father’s still.
He died in 1938 but left all of the apparatus to my father who
gave all parts to me.
It is this, to take place or my selling the copper implements.


55 posted on 04/10/2026 7:23:45 PM PDT by BatGuano (Donald J. Trump, thank you!.)
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To: Brian Griffin

I love ouzo. Is Raki similar?

CC


56 posted on 04/10/2026 7:58:39 PM PDT by Celtic Conservative (Heghlu'meH QaQ jajvam!)
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To: SunkenCiv

FWLIW we were at dinner at the clubhouse tonight because they had live music. We’d finished, wife was talking to someone in the adjacent room, I was hanging out at our table, and the artist started Tennessee Whisky right as I saw this post.

Chris Stapleton - Tennessee Whiskey (Lyrics)
https://www.youtube.com/watch?v=0WpF4GJYIwY

Obviously tons of people have covered this, David Allen Coe was the first to record it.


57 posted on 04/10/2026 8:02:07 PM PDT by FreedomPoster (Islam delenda est in )
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To: FreedomPoster
I always wanted to meet David Allen Coe and ask him, "who does your hair?" 🙂😊😁😀😃😆😅😂🤣

58 posted on 04/10/2026 8:03:36 PM PDT by SunkenCiv (TDS -- it's not just for DNC shills anymore -- oh, wait, yeah it is.)
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To: frogjerk

I always thought it was BS too.


59 posted on 04/10/2026 8:06:05 PM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
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To: gnarledmaw

We have some good friends who a dozen or so years ago who had a 2nd house in the N. GA mountains on Blue Ridge Lake. They had some friends who had an older uncle who would make a batch of the good stuff for the holidays. Their friends would get a case of quart jars, and they’d get one of them. No money changed hands, just something their friends’ uncle would do for his friends and family every year.

It was a nice medium brown, peach infused, and drank really, really nicely with an ice cube or two.

They have since sold that house and fell out of touch with those folks, but I will always remember that nice peach infused N GA ‘shine.


60 posted on 04/10/2026 8:13:48 PM PDT by FreedomPoster (Islam delenda est in )
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