Federal judge rules that 156-year-old ban on at-home distilling is unconstitutional

Judge Mark Pittman ruled that the 1868 ban on at-home distilling is unconstitutional, siding 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. He issued a permanent injunction prohibiting the U.S. government from enforcing the ban against the Hobby Distillers Association's members.

Pittman considered the ban unconstitutional because it exceeded Congress's taxing power and violated the U.S. Constitution's Commerce Clause. He argued that the ban was not a valid practice of Congress' taxing power as it did not raise revenue and only served to criminalize at-home distilling. Furthermore, he stated that the ban could not be covered under Congress' power to regulate interstate commerce, as there were many aspects of the alcohol industry left untouched by Congress.