The U.S. Fifth Circuit Court of Appeals has essentially struck down a 158-year-old law that made moon shiners run, the law making home liquor distilling illegal.
US Court Rules Against 158-Year Ban on Home Liquor Distilling – Newsweek
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EXCERPT:
A U.S. appeals court has ruled that a 158-year-old ban on distilling liquor at home is unconstitutional.
The U.S. Court of Appeals for the Fifth Circuit said the law exceeds Congress’ constitutional taxing power in a ruling on Friday.
Why It Matters
The ruling blocks enforcement of a long-standing federal prohibition that effectively made home distilling spirits a criminal offense. The case raises broader constitutional questions about the limits of Congress’ power to regulate behavior under its taxation authority.
What To Know
The case was brought by the Hobby Distillers Association and four of its members, who challenged an 1868 law which prohibited the operation of distilling spirits in or near homes.
The statute, enforced by the Alcohol and Tobacco Tax and Trade Bureau, carries criminal penalties, including fines of up to $10,000 and up to five years imprisonment.
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