Sixth and Fifth Circuit Courts issue conflicting rulings on 1868 home distilling ban
Updated
Updated · The Wall Street Journal · Apr 27
Sixth and Fifth Circuit Courts issue conflicting rulings on 1868 home distilling ban
10 articles · Updated · The Wall Street Journal · Apr 27
The Sixth Circuit, led by Judge Raymond Kethledge, upheld the ban last week in Ream v. U.S. Dept. of the Treasury, while the Fifth Circuit rejected it three weeks earlier.
This split centers on whether Congress’s constitutional powers justify prohibiting home distilling, with the Sixth Circuit citing tax collection needs and the Fifth Circuit calling the government’s logic flawed.
The division increases the likelihood of Supreme Court review, though neither court addressed Congress’s authority under the Commerce Clause, leaving broader constitutional questions unresolved.
Could a legal fight over home whiskey-making redefine the U.S. government's power?
How can two federal courts view the same 158-year-old law so differently?
Why can Americans legally brew beer and wine at home, but not distill spirits?
Does the 1794 Whiskey Rebellion justify banning home distilling in the 21st century?
Beyond a new hobby, what economic impact could legal home distilling create?
If a law 'taxes nothing,' can it still be a constitutional tax law?