Federal Court Strikes Down 158-Year Ban on Home Distilling

Ruling declares prohibition an unconstitutional overreach of Congress's taxing power.

Apr. 11, 2026 at 3:33pm

Got story updates? Submit your updates here. ›

A photorealistic painting of a copper still sitting on a wooden table, the still's surface reflecting warm, golden light from a nearby window, with deep shadows cast across the scene, evoking a sense of quiet contemplation and personal expression.The federal appeals court's decision to strike down the 158-year-old ban on home distilling reflects a growing desire for personal freedom and the limits of government power.New Orleans Today

A federal appeals court has struck down the nearly 158-year-old federal ban on home distilling, declaring the Reconstruction-era prohibition an unconstitutional overreach of Congress's taxing authority. The 5th U.S. Circuit Court of Appeals in New Orleans ruled in favor of the nonprofit Hobby Distillers Association, arguing that people should be free to distill spirits at home as a hobby or for personal consumption.

Why it matters

The ruling is a significant victory for individual liberty and the limits of federal regulatory power. It opens the door for hobbyists to pursue their passion for distilling fine beverages at home, while also raising questions about the government's ability to criminalize private activities that may evade taxation.

The details

The ban was part of a law passed during Reconstruction in 1868 to thwart liquor tax evasion, subjecting violators to up to five years in prison and a $10,000 fine. The court found the tax code's home distilling ban goes beyond Congress's taxation powers and is not 'necessary and proper' to carrying out that function, noting the purpose of taxation is to collect revenue and is limited to those functions.

  • The 5th U.S. Circuit Court of Appeals in New Orleans ruled on the case on Friday, April 11, 2026.
  • The case was originally ruled on by U.S. District Judge Mark Pittman in Fort Worth, Texas in July 2024.

The players

Hobby Distillers Association

A nonprofit organization founded in 2013 by Rick Morris that has long pushed for the legalization of home distilling, first through lobbying and then through litigation after congressional efforts stalled.

Competitive Enterprise Institute

A libertarian legal group that brought the case against the federal government, challenging the limits of federal regulatory power.

Edith Hollan Jones

The Circuit Judge who wrote the opinion for the three-judge panel, arguing that the prohibition not only failed to generate tax revenue but also overstepped federal authority by criminalizing private activities without a clear constitutional basis.

Mark Pittman

The U.S. District Judge in Fort Worth, Texas who originally ruled in favor of the Hobby Distillers Association in July 2024, putting the ruling on hold so the government could appeal.

Andrew Grossman

The lawyer who argued the Hobby Distillers Association's appeal, calling the decision 'an important victory for individual liberty'.

Got photos? Submit your photos here. ›

What they’re saying

“an important victory for individual liberty that allows the plaintiffs to pursue their passion for distilling fine beverages at home”

— Andrew Grossman, Lawyer for Hobby Distillers Association

“an important decision about the limits of federal power”

— Devin Watkins, Lawyer for Hobby Distillers Association

What’s next

The government has 90 days to seek Supreme Court review if it chooses to do so. State laws regulating home distilling activity would still remain in force, and hobbyists would need to comply with applicable state and local requirements.

The takeaway

This ruling is a significant victory for individual liberty and the limits of federal regulatory power, opening the door for hobbyists to pursue their passion for distilling fine beverages at home. However, the decision does not immediately legalize home distilling nationwide, as state and local laws still apply.