Glass of scotch whiskey standing on white marble background with golden holiday Christmas stars confetti. Holidays Alcohol drink. (Photo by: Natasha Breen/REDA/Universal Images Group via Getty Images)
A U.S. Appellate Court ended a federal prohibition on distilling hard liquor that stretched all the way back to the Reconstruction era.
Why you should care:
The 5th U.S. Circuit Court of Appeals’ ruling, which was handed down on Friday, overturned a law that barred people from producing whiskey, vodka, and other distilled spirits in their homes.
The backstory:
Hobby Distillers and four of its members had challenged the law, which imposed a fine of up to $10,000 and up to five years in prison for violations.
The plaintiffs argued they should be allowed to make hard liquor at home, either as a hobby or for personal consumption. One plaintiff had claimed he had distilled alcohol for fuel near his garage and wanted to try an apple-pie-vodka recipe he came up with.
What they're saying:
The appellate court judges rejected the federal government’s arguments that the ban was allowed under the Constitution’s taxation clause as well as its Necessary and Proper clause, finding, in part, that it does nothing to feed the government’s coffers.
"Not only do they prohibit at-home distilleries, but in so doing, they amount to an antirevenue provision that prevents distilled spirits from coming into existence," Circuit Judge Edith Hollan Jones wrote. "The provisions operate to reduce revenue instead of raising it."
Additionally, the court found that banning and criminalizing at-home distilling is an improper use of the tax power.
"Under the government’s logic, Congress may criminalize nearly any at-home conduct only because it has the possibility of concealing taxable activity," Hollan Jones continued. "Home-based businesses may be forbidden. Remote work may be deemed a crime."
Dig deeper:
The appellate court’s finding upheld a previous district court’s finding that the law was unconstitutional. The federal judge in that case had issued an injunction against enforcement of the government’s prohibition, but stayed that part of the decision until a higher court weighed in, Reuters noted. With its decision, the appellate court found the plaintiffs had standing to challenge the law and allowed the injunction to go into effect.
The Source: Information for this article was taken from the U.S. Court of Appeals for the Fifth Circuit ruling and Reuters. This story was reported from Orlando.