Federal Judge Finds Americans Have Constitutional Right To Distill Moonshine In Their Bathtub

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Daily Caller

A federal judge rejected a more than century-old ban on home distilling as unconstitutional Wednesday.

Judge Mark Pittman, a Trump appointee, found that a federal law making it a felony to distill spirits at home exceeded Congress’ power, holding that neither Congress’ tax power nor its ability to regulate interstate commerce justify the ban. Pittman permanently blocked the government from enforcing the ban, which threatens violators with up to $10,000 in fines or 5 years in prison, against the plaintiffs it found to have standing.

“Indeed, the Constitution is written to prevent societal amnesia of the defined limits it places on this government of and by the people,” Pittman wrote. “That is where the judiciary must declare when its coequal branches overstep their Constitutional authority. Congress has done so here.”

President Jimmy Carter signed a law that legalized homebrewing in 1978, but distilling spirits at home remained illegal.

The Hobby Distillers Association, an organization that includes over 1,300 members, filed a lawsuit against the Alcohol and Tobacco Tax and Trade Bureau (TBB) and Department of Justice (DOJ) in December to challenge the ban. Competitive Enterprise Institute General Counsel Dan Greenberg, who represented the plaintiffs, said in a statement that the ruling is “a victory for personal freedoms and for federalism.”