Tax Law
158-year-old home distilling ban is unconstitutional, federal appeals court rules
A federal appeals court ruled Friday that a 158-year-old federal ban on home distilling was unconstitutional because it allowed Congress to unfairly use its taxing authority. (Photo from Shutterstock)
A federal appeals court ruled Friday that a 158-year-old federal ban on home distilling was unconstitutional because it allowed Congress to unfairly use its taxing authority.
The 5th U.S. Circuit Court of Appeals at New Orleans sided with the plaintiff, the Hobby Distillers Association—a nonprofit—which argued that people should be able to make liquor at home for personal consumption, including an apple-pie-vodka recipe, according to coverage by Reuters.
The ban was originally passed in 1868 during the Reconstruction era to discourage liquor tax evasion. Violators faced up to five years in prison and a $10,000 fine.
5th Circuit Judge Edith Hollan Jones ruled that the ban actually reduced tax revenue, and if the government’s same logic was applied, Congress could potentially criminalize other in-home activities, including working remotely and operating a home-based business.
“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.
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