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Federal Judge Declares 1868 At-Home Distilling Ban Unconstitutional

 July 14, 2024

On Wednesday, a landmark decision struck down a longstanding federal ban, altering the landscape of home distilling in the United States.

Fox News reported that Judge Mark Pittman ruled the 1868 law unconstitutional, effectively changing how hobbyists engage in the distillation of spirits like whiskey and bourbon.

The Initial Challenge and Judicial Ruling

The Hobby Distillers Association, which advocates for the legal personal production of distilled spirits, was at the center of this pivotal legal battle. They challenged the ban that could impose penalties of up to $10,000 or five years in prison for violations. The case targeted the Alcohol and Tobacco Tax and Trade Bureau (TTB) and the Department of Justice.

On Wednesday, U.S. District Judge Mark Pittman delivered his verdict, siding with the Hobby Distillers Association. He issued a permanent injunction against enforcing the ban on the association's members, though he stayed his decision for 14 days to allow the federal government time to appeal.

In December, the association and four of its 1,300 members filed the lawsuit, arguing that the ban exceeded Congress's authority over taxing powers and infringed upon the Commerce Clause of the U.S. Constitution.

The Government's Defense and Judicial Critique

The Department of Justice, defending the ban, argued that protecting governmental revenue derived from distilled spirits was essential.

However, Judge Pittman countered this claim in his ruling, stating that the ban was not effectively raising revenue and was an invalid exercise of Congress's taxing power.

Furthermore, Pittman ruled that the law did not fall under the purview of Congress's power to regulate interstate commerce, as it did not form part of a comprehensive regulatory scheme on alcohol.

Observers heralded this decision as a significant win for personal freedoms and the principle of federalism, emphasizing the importance of a government with limited powers.

Impact Statements and Reactions

Devin Watkins, attorney for the Hobby Distillers Association, reacted to the decision by praising the judgment for respecting the rights of individuals under a government of limited powers. Dan Greenberg, a lawyer at the Competitive Enterprise Institute, echoed, "This decision is a victory for personal freedoms and federalism."

Greenberg added, "We're pleased to see that the court determined that the home distilling ban is unconstitutional – and that it blocked enforcement of the ban against our clients," highlighting the broader implications of the court's decision.

Judge Pittman's written opinion reflected a broader critique of governmental power, stating, "Indeed, the Constitution is written to prevent societal amnesia of the defined limits it places on this government of and by the people," indicating the court's role in checking the balance of power.

Further Legal Developments Expected

Scott McNutt, one of the plaintiffs and a member of the Hobby Distillers Association, explicitly noted credible harm from the ban, having previously received a warning about potential liabilities from the TTB.

Additionally, Watkins has expressed readiness to defend the ruling if the government decides to appeal. He stated, "If the government appeals this decision to a higher court, we look forward to illuminating those limits," referring to the boundaries of federal authority.

Moreover, the 14-day stay on the decision suggests that higher courts could be involved in the next steps of this legal journey, potentially setting the stage for further legal examination of federal regulatory powers over personal activities.

Conclusion: A Reaffirmation of Limited Government

In conclusion, Judge Pittman's ruling impacts members of the Hobby Distillers Association and sets a precedent regarding the reach of federal power over individual liberties.

The verdict reaffirms that the U.S. government operates under limited powers, protecting personal freedoms such as the right to home distilling under the Constitution.

As the case potentially moves to higher courts, it will continue to challenge the boundaries of governmental authority and individual rights.