Texas Court Decision Could Uncork Home Distilling in the US

A federal judge in Texas has struck down a 156-year-old ban on home distilling, deeming it unconstitutional. The ruling, issued by US District Judge Mark Pittman, sides with the Hobby Distillers Association, which advocates for the legalization of personal spirit production.

Judge Pittman, appointed by former President Donald Trump, determined that the longstanding prohibition exceeded Congress’s taxing authority and violated the Constitution’s Commerce Clause. The decision includes a permanent injunction against enforcing the ban on the association’s members, though it has been stayed for two weeks to allow the government time to appeal.

The lawsuit, filed in December, challenged the government’s authority to regulate activities conducted within private homes. It named several enforcement agencies as defendants, including the Alcohol and Tobacco Tax and Trade Bureau (TTB) and the Department of Justice.

While the judge found that most individual plaintiffs failed to demonstrate a credible threat of prosecution, he ruled that the association and one member, Scott McNutt, had established potential harm from the ban’s enforcement. McNutt had received a warning letter from the TTB regarding possible legal consequences for purchasing distilling equipment.

The government defended the ban as a measure to protect tax revenue from distilled spirits by limiting production locations. However, Judge Pittman rejected this argument, stating that the prohibition did not raise revenue and merely “fermented a crime” statutorily.

Furthermore, the court found that the ban could not be justified under Congress’s power to regulate interstate commerce, as it did not contribute to comprehensive market regulation in the alcohol industry.


Information for this story was found via the sources and companies mentioned. The author has no securities or affiliations related to the organizations discussed. Not a recommendation to buy or sell. Always do additional research and consult a professional before purchasing a security. The author holds no licenses.

Video Articles

When 4% of Global Copper Disappears Overnight | David Gower – Emerita Resources

Mining M&A: Gold X2 Acquires Kesselrun Resources

They Said Oil Was Dead. They Were Wrong. | Michael Judson – Record Resources

Recommended

Military Seizes Power in Madagascar After President Flees

Altamira Gold Hits 395.5 Metres Of 0.4 g/t Gold At Maria Bonita

Related News

Driverless 18-Wheelers To Roll Out In Texas Later This Year

North Texas is set to welcome driverless freight-carrying 18-wheelers on its highways as two companies...

Saturday, January 20, 2024, 07:22:00 AM

Texas Attorney General Launches Investigation Against Twitter Over Bot Accounts

Attorney General Ken Paxton on Monday issued a Civil Investigative Demand (CID) to launch an...

Wednesday, June 8, 2022, 04:30:00 PM

Goliad vs. Uranium: Why This Texas County Is Saying ‘No’ to Mining

The Goliad County Commissioners Court unanimously passed a resolution opposing uranium mining within the county...

Monday, August 19, 2024, 03:44:00 PM

Texas House Poised To Impeach Attorney General

Texas Attorney General Ken Paxton was on the verge of impeachment on Thursday, following years...

Friday, May 26, 2023, 12:45:00 PM

Texas Is Expected to Have Almost Half of Its Power to Come from Renewables by End of 2024

Texas experienced record-breaking electricity demand this summer due to population growth and scorching temperatures. However,...

Tuesday, October 10, 2023, 04:32:00 PM