A federal judge on Wednesday struck down a more than 100-year-old ban on home distilling of alcohol as unconstitutional.

Judge Mark Pittman, appointed by President Trump, found They argued that the federal law making home distilling of alcohol a felony exceeded Congress's power, and that Congress's power to tax or regulate interstate commerce did not justify the prohibition. Pittman permanently blocked the government from enforcing prohibition, Violators The court imposed fines of up to $10,000 and/or five years imprisonment on plaintiffs who were found to have standing.

“Indeed, the Constitution was written to ensure that society would not forget the clear limitations imposed on a government of the people, by the people,” Pittman wrote. “The judiciary must declare when its peers overstep their constitutional authority. Congress has done just that here.”

President Jimmy Carter Signed A law was passed in 1978 making home brewing legal, but producing distilled spirits at home remained illegal. (Related story: Federal lawsuit challenges ban on one of the most American things in history)

Late last night, after months of litigation, a federal court in Texas ruled that federal laws banning the home distillation of alcoholic beverages are unconstitutional. The district court's decision is fair, lawful and historic. https://t.co/Chyo78AA8Z

— Competitive Enterprise Institute (@ceidotorg) July 11, 2024

The Hobby Distillers Association, which has more than 1,300 members, Litigation In December, the company filed a lawsuit against the Alcohol and Tobacco Tax and Trade Bureau (TBB) and the Department of Justice (DOJ) challenging the ban. Dan Greenberg, general counsel for the Competitive Enterprise Institute, which is representing the plaintiffs, said: statement He called the ruling a “triumph for individual liberty and federalism.”

“We are pleased that the Court determined that the ban on home distillation is unconstitutional and blocked enforcement of the ban against our client,” Greenberg said. “More broadly, the Court's decision is a reminder that we Americans live under a government with limited powers.”

Judge Pittman suspended the ruling for 14 days to allow the government to seek emergency relief from the Court of Appeal.

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