US appeals court declares 158-year-old home distilling ban unconstitutional
By Jonathan Stempel
Published on April 10, 2026.
A U.S. appeals court has declared unconstitutional a nearly 158-year-old federal ban on home distilling, calling it an unnecessary and improper use of Congress' power to tax. The decision was made in favor of the nonprofit Hobby Distillers Association and four of its 1,300 members. The ban was part of a law passed during Reconstruction in 1868 to thwart liquor tax evasion and led to violators facing up to five years in prison and a $10,000 fine. A judge ruled that the ban actually reduced tax revenue by preventing distilling. The ruling is seen as an important decision about the limits of federal power.
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