158-Year-Old Home Distilling Ban In United States Unconstitutional, Appeals Court Rules

The 5th U.S. Circuit Court of Appeals in New Orleans “ruled Friday in favor of the nonprofit Hobby Distillers Association and four of its 1,300 members,” The Washington Times reports.

The group argued that people should be free to distill spirits at home, whether for personal consumption or as a hobby.

US appeals court declares 158-year-old home distilling ban unconstitutional https://t.co/xVN086JGg9 pic.twitter.com/Gf8GjH8jOU

— New York Post (@nypost) April 11, 2026

More from The Washington Times:

The ban was part of a law passed during Reconstruction in July 1868, in part to thwart liquor tax evasion, and subjected violators to up to five years in prison and a $10,000 fine.

Writing for a three-judge panel, Circuit Judge Edith Hollan Jones argued that the prohibition not only failed to generate tax revenue but also overstepped federal authority by criminalizing private activities without a clear constitutional basis. Judge Jones noted that the government’s logic could theoretically allow Congress to outlaw any in-home activity, such as remote work or small businesses, that might evade taxation.

The decision upheld a July 2024 ruling by U.S. District Judge Mark Pittman in Fort Worth, Texas, who put his ruling on hold so the government could appeal.

The case was brought by the Competitive Enterprise Institute, a libertarian legal group that has long challenged the limits of federal regulatory power. The Hobby Distillers Association was founded in 2013 by Rick Morris, who had long pushed for legalization — first through lobbying, then through litigation after congressional efforts stalled. Larger commercial distillers had previously blocked legislative change, perhaps because they viewed home distillers as potential competitors.

“Without any limiting principle, the government’s theory would violate this court’s obligation to read the constitution carefully to avoid creating a general federal authority akin to the police power,” Jones wrote, according to The Guardian.

US Court Strikes Down 158-Year-Old Home Distilling Ban: 'An important victory for individual liberty' https://t.co/6pMrf7yo0K

— Daily Caller (@DailyCaller) April 11, 2026

The Guardian shared further:

Devin Watkins, a lawyer representing the Hobby Distillers Association, called the ruling an important decision about the limits of federal power.

Andrew Grossman, who argued the non-profit’s appeal, called the decision “an important victory for individual liberty” that allows the plaintiffs to “pursue their passion to distill fine beverages in their homes”.

“I look forward to sampling their output,” he said.

Any thoughts on this?