A three‑judge panel of the Fifth Circuit in New Orleans ruled Friday that the 158‑year‑old federal prohibition on home distilling violates the Constitution. The decision backs the Hobby Distillers Association and four of its members who challenged the ban as an overreach of Congress’s taxing power.

Lawmakers originally enacted the restriction in July 1868 during Reconstruction to curb liquor‑tax evasion. Violations carried up to five years in prison and a $10,000 fine. Judge Edith Hollan Jones wrote that the ban actually reduced revenue because it stopped any taxable production in the first place.

The opinion warns that, without a limiting principle, Congress could criminalize virtually any home activity invisible to tax collectors—from remote work to home‑based businesses. Jones warned this would blur the line between the Constitution’s taxing authority and the broader police powers traditionally reserved to the states.

Attorney Devin Watkins called the ruling a landmark affirmation of individual liberty, while plaintiff Andrew Grossman said he looks forward to tasting home‑crafted spirits. The appellate judgment upholds a July 2024 district‑court order that had been stayed for appeal, leaving the ban effectively null pending further legislative action.