A ban on at-home distilling that has been in place since 1868 was ruled unconstitutional by a federal judge in Texas on Wednesday, July 11. The federal judge sided with a group that has been advocating for the legalization of at-home production of spirits such as whiskey and bourbon for their personal consumption.
U.S District Judge Mark Pittman said that the 156-year-old ban went beyond the taxing power of U.S. Congress and that it violated the commerce clause.
The ruling was a win for Hobby Distillers, who filed a lawsuit against the U.S. government in December. The lawsuit argued that the government’s regulations did not apply to activities within their own homes.
A lawyer for the Texas-based advocacy group said the ruling “respects the rights of our clients to live under a government of limited powers.”
The United State Justice Department said that the ban was needed to protect the revenue the government receives from taxing distilled spirits by limiting where plants can be located.
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