US appeals court declares 158-year-old home distilling ban unconstitutional

In a landmark ruling with implications for federal power and individual liberty, the US Fifth Circuit Court of Appeals in New Orleans has struck down a 158-year-old federal prohibition on home distilling. The case was brought by the non-profit Hobby Distillers Association and four of its 1,300 members, who argued the 1868 law—enacted during Reconstruction to prevent liquor tax evasion—unconstitutionally restricted their freedom to produce spirits for personal consumption and hobbyist pursuits, such as creating an apple-pie-vodka recipe. The law had subjected violators to severe penalties, including up to five years in prison and a $10,000 fine.

Writing for a three-judge panel, Circuit Judge Edith Hollan Jones declared the ban an "unnecessary and improper" means for Congress to exercise its taxing authority. The court reasoned that the law actually reduced potential tax revenue by preventing the activity altogether, unlike regulations that govern commercial production where taxes can be collected. Judge Jones warned that accepting the government's argument would grant Congress overly broad power to criminalize virtually any in-home activity that might escape tax collectors, from remote work to home-based businesses, violating constitutional limits on federal authority. The decision upholds a prior 2024 ruling from a Texas district court and was hailed by the plaintiffs' lawyers as a critical victory for individual liberty and a check on federal overreach.