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

[jemhouston]

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Federal Judge Finds Americans Have Constitutional Right To Distill Moonshine In Their Bathtub
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Katelynn Richardson
Contributor
July 12, 2024 10:30 AM ET
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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. (RELATED: Federal Lawsuit Challenges Ban On One Of The Most American Things Ever)


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.”

“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,” Greenberg said. “More broadly, the court’s decision reminds us that, as Americans, we live under a government of limited powers.”

Pittman paused his ruling for 14 days to enable the government to seek emergency relief from the appeals court.

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[Nik_SpeakerToCats]

But remember, there's a remarkably narrow temperature threshold between initial evolution of toxic Methanol = 'Wood Alcohol' and subsequent 'Good Stuff' of Ethanol / Water mix.

Also, this temperature threshold is affected by atmospheric pressure, be it altitude or a 'depression' rolling through.
So, you'll need a reliable, close-range or digital thermometer, a trust-worthy barometer, and appropriate graph / look-up table.

Due Care, Please ??

[gtg947h]

Hmm.

I suppose if one were to try and challenge Wickard this might be the time to do it; I'm not sure USSC would overturn it but it's probably more likely now than any time previously. I will cheer it on from that aspect.

I used to brew a little but found the work and expense wasn't worth it. I also don't have the laboratory mindset to develop and make repeatable batches and can't drink all the beer myself. Hard to beat a 24ct variety pack of 16oz Sweetwaters for $30 at Costco. But distilling was just too much work (and risk, as Nik alludes to); far easier to just buy some good bourbon.

[Craiglxviii]

Uncle Jesse and Boss Hogg are turning in their graves…!