5th Circ. Finds Ban On Home Distilling Unconstitutional

By Anna Scott Farrell · April 13, 2026, 5:38 PM EDT

A federal ban on home distilleries that dates to the early temperance movement violates the U.S. Constitution's limits on congressional taxing power, the Fifth Circuit said in siding with hobbyists, including...

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Case Information

Case Title

McNutt v. US Dept of Justice

Case Number

24-10760

Court

Appellate - 5th Circuit

Nature of Suit

2440 Other Civil Rights

Date Filed

August 20, 2024