Federal judge rules that 156-year-old ban on at-home distilling is unconstitutional
Texas-based judge ruled that a ban from 1868 exceeds Congress's taxing power, violates a U.S. Constitution clause
U.S. District Judge Mark Pittman, in his ruling on Wednesday, sided with the Hobby Distillers Association's lawyers that the 156-year-old ban exceeded Congress's taxing power and violated the U.S. Constitution's Commerce Clause. The Hobby Distillers Association is a group that advocates legalizing a person's production of spirits such as whiskey and bourbon for their personal consumption.
"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."
Pittman issued a permanent injunction prohibiting the U.S. government from enforcing the ban against the Hobby Distillers Association's members. The judge also stayed his decision for 14 days to allow the government to seek a stay at the appellate court level.
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1868 186 188 868
Method 1: 1-4-9
Method 2: 0-2-6
Method 3: 4-4-1
Method 4: 1-1-6
Method 5: 7-8-8
Method 6: 2-1-9
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LBL
Time to get your stills out of mothballs!