The Supreme Court agreed on Monday to consider whether Congress had the constitutional authority to impose a ban on distilling spirits in private homes more than 150 years ago.

Plaintiffs challenging the prohibition on home distilling claim the 1868 law is an antiquated relic of Reconstruction-era politics. They argue that Congress overstepped its taxation powers when it enacted the home distilling ban as part of a tax reform measure designed to curb fraud by commercial distillers.

Government attorneys counter that Congress properly restricted where spirits can be distilled to prevent producers from evading federal excise taxes. They warn that lifting the ban would violate Supreme Court precedent and erode congressional powers.

  • nwtreeoctopus@sh.itjust.works
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    6 hours ago

    Maybe, though I don’t see how it gets much more common and accessible than one click purchase and prime shipping to your doorstep.

    Honestly, I don’t think that repealing the law will make any notable difference because distillation takes a decent amount of money to get started and a fair amount of effort to do and everything to do it has always been readily available at the brew shop, hardware store, or online.

    Like, yeah, weed shops popped up when cannabis was legalized but, in most markets, home grow went down. Distilleries are gonna beat almost every home distiller for cost and quality, and, you know, it was basically already legal and allowed if you weren’t stupid. Plus, existing tax structures are gonna keep individuals from selling it the same way you can’t sell homebrew.