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US appeals court declares 158-year-old home distilling ban unconstitutional (nypost.com)

461 points by t-3 · 139 days ago · 338 comments on HN

Article summary

A US appeals court has declared a 158-year-old federal ban on home distilling unconstitutional, ruling that it is an unnecessary and improper means for Congress to exercise its power to tax. The ban was part of a law passed in 1868 to prevent liquor tax evasion. The court's decision upholds a previous ruling and allows individuals to distill spirits at home for personal consumption or as a hobby. The ruling may have implications for the limits of federal power and individual liberty.

Main themes

  • Home distilling
  • Federal power
  • Taxation
  • Individual liberty
  • Alcohol regulation

What commenters say

  • The ban on home distilling is an overreach of federal power and infringes on individual liberty.
  • The risk of methanol poisoning from home distilling is low and can be mitigated with proper techniques and equipment.
  • The government's logic in banning home distilling could be used to criminalize any in-home activity, highlighting the need for limits on federal power.
  • The decision may have implications for the regulation of other activities, such as brewing and fermenting, and could lead to a reevaluation of the role of government in controlling individual behavior.
  • The use of denatured alcohol, which contains methanol, is a relic of prohibition and continues to pose a risk to public health.
  • The treatment for methanol poisoning is ethanol, highlighting the importance of access to safe and regulated alcohol.
  • The decision is a victory for individual liberty and allows people to pursue their passion for distilling fine beverages in their homes.
  • The ruling may be in tension with previous Supreme Court decisions, such as Wickard v. Filburn, which expanded federal power over individual activities.