Supreme Court agrees to review federal home distilling ban
The U.S. Supreme Court agreed on Monday to consider whether Congress had the constitutional authority to impose a ban on home distilling more than 150 years ago. (Photo from Shutterstock)
The U.S. Supreme Court agreed on Monday to consider whether Congress had the constitutional authority to impose a ban on home distilling more than 150 years ago.
The federal ban was passed as part of Reconstruction-era efforts to discourage liquor tax evasion.
The 5th U.S. Circuit Court of Appeals at New Orleans ruled April 10 that the ban on home distilling was unconstitutional because it allowed Congress to improperly use its taxing authority. But 11 days later, the 6th Circuit at Cincinnati upheld the ban.
The Supreme Court agreed to review the 5th Circuit’s case in which the Texas-based Hobby Distillers Association argues that people should be able to make liquor at home for personal consumption, including an apple-pie-vodka recipe.
Government attorneys said Congress properly restricted where spirits can be distilled, and that lifting the ban would go against Supreme Court precedent and erode congressional powers, according to a story by the Associated Press.
Under the federal ban, violators faced up to five years in prison and a $10,000 fine.
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