https://nypost.com/2026/04/11/us-news/us-appeals-court-declares-158-year-old-home-distilling-ban-unconstitutional/ [p] Primary Menu Sections * US News + Metro + Long Island + Politics * World News * Page Six * Sports + NFL + MLB + Olympics + NBA + NHL + College Football + College Basketball + WNBA * Post Sports+ * Sports Betting * Business + Personal Finance * Opinion * Entertainment + TV + Movies + Music + Celebrities + Awards + Theater * Shopping * Lifestyle + Weird But True + Sex & Relationships + Viral Trends + Human Interest + Parenting + Fashion & Beauty + Food & Drink + Travel * Health + Wellness + Fitness + Health Care + Medicine + Men's Health + Women's Health + Mental Health + Nutrition * Real Estate * Alexa * Media * Tech * Science + Space + Environment + Wildlife + Archaeology * Astrology * Video * Photos * Pod Force One * NY POSTcast * + Today's Paper + Covers + Columnists + Horoscopes + Crosswords & Games + Sports Odds + Podcasts + Careers * + Email Newsletters + Official Store + Home Delivery + Tips Search Email New York Post Read the Latest on Page Six Switch between CA and NY editions here. Got it Edition CA NY Open US News navigation US News * US News * Metro * Long Island * Politics * World News * US News * Metro * Long Island * Politics * World News Search [ ] Search trending now in US News Skip to main content Anna Kepner was allegedly raped by her 16-year-old stepbrother before he intentionally killed her: indictment Anna Kepner was allegedly raped by her 16-year-old stepbrother... Staggering 8-figure sum NYC taxpayers will pay to fund Mamdani's first city-owned grocery revealed Staggering 8-figure sum NYC taxpayers will pay to fund Mamdani's... Killer FedEx driver Tanner Horner wrote note to 7-year-old victim Athena Strand's family Killer FedEx driver Tanner Horner wrote note to 7-year-old victim... Trump makes wild claim defending Jesus-like AI post, refuses to apologize to Pope Leo over Iran war dispute Trump makes wild claim defending Jesus-like AI post, refuses to... Mom gets face ripped apart by rescue dog after suffering seizure Mom gets face ripped apart by rescue dog after suffering seizure Trans baby killer quietly freed from prison 30 years early, launches OnlyFans: report Trans baby killer quietly freed from prison 30 years early,... Studio exec running for Congress allegedly forged MLB star's signature to lure investors, sent shocking racist texts Studio exec running for Congress allegedly forged MLB star's... Who is Brittany Watts? Wife of disgraced Calif. Rep. Eric Swalwell Who is Brittany Watts? Wife of disgraced Calif. Rep. Eric Swalwell US News US appeals court declares 158-year-old home distilling ban unconstitutional By Reuters Published April 11, 2026, 6:17 p.m. ET A U.S. appeals court on Friday declared unconstitutional a nearly 158-year-old federal ban on home distilling, calling it an unnecessary and improper means for Congress to exercise its power to tax. The 5th U.S. Circuit Court of Appeals in New Orleans ruled in favor of the nonprofit Hobby Distillers Association and four of its 1,300 members. They argued that people should be free to distill spirits at home, whether as a hobby or for personal consumption including, in one instance, to create an apple-pie-vodka recipe. Two hands holding a large glass jar and pouring its contents into a small glass.The 5th U.S. Circuit Court of Appeals in New Orleans on Friday declared unconstitutional a nearly 158-year-old federal ban on home distilling. bongiozzo - stock.adobe.com The ban was part of a law passed during Reconstruction in July 1868, in part to thwart liquor tax evasion, and subjected violators to up to five years in prison and a $10,000 fine. Writing for a three-judge panel, Circuit Judge Edith Hollan Jones said the ban actually reduced tax revenue by preventing distilling in the first place, unlike laws that regulated the manufacture and labeling of distilled spirits on which the government could collect taxes. Explore More [anna-kepner-cruise-murd] Anna Kepner was allegedly raped by her 16-year-old stepbrother before he intentionally killed her: indictment Zohran Mamdani grocery store NYC Staggering 8-figure sum NYC taxpayers will pay to fund Mamdani's first city-owned grocery revealed [fed-ex-driver-killer-co] Killer FedEx driver Tanner Horner wrote note to 7-year-old victim Athena Strand's family She also said that under the government's logic, Congress could criminalize virtually any in-home activity that might escape notice from tax collectors, including remote work and home-based businesses. "Without any limiting principle, the government's theory would violate this court's obligation to read the Constitution carefully to avoid creating a general federal authority akin to the police power," Jones wrote. Small copper stills and distilling equipment arranged on a decorated table.The court called it an unnecessary and improper means for Congress to exercise its authority to tax, as the ruling favors the nonprofit Hobby Distillers Association and some of its members. Igor - stock.adobe.com The U.S. Department of Justice had no immediate comment. Another defendant, the Treasury Department's Alcohol and Tobacco Tax and Trade Bureau, did not immediately respond to a request for comment. Devin Watkins, a lawyer representing the Hobby Distillers Association, in an interview called the ruling an important decision about the limits of federal power. Start your day with all you need to know Morning Report delivers the latest news, videos, photos and more. Thanks for signing up! [ ] Enter your email address Please provide a valid email. [Sign Up] By clicking above you agree to the Terms of Use and Privacy Policy. Never miss a story. Check out more newsletters [ ] Andrew Grossman, who argued the nonprofit's appeal, called the decision "an important victory for individual liberty" that lets the plaintiffs "pursue their passion to distill fine beverages in their homes." "I look forward to sampling their output," he said. The decision upheld a July 2024 ruling by U.S. District Judge Mark Pittman in Fort Worth, Texas. He put his ruling on hold so the government could appeal. Filed under * appeals * bans * courts * 4/11/26 Read Next Dave Portnoy roasts Eric Swalwell over sexual assault alle... 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