[Ilya Somin] Fifth Circuit Strikes Down Federal Law Banning Home Alcohol Distilleries

 [Ilya Somin] Fifth Circuit Strikes Down Federal Law Banning Home Alcohol Distilleries

The ruling holds the law exceeds Congress’ authority under the tax power and the Necessary and Proper Clause. But it does not consider the Commerce Clause.

Home distilling. (NA)
Yesterday, in McNutt v. US Department of Justice, the US Court of Appeals for the Fifth Circuit struck down an 1868 federal law banning home alcohol distilleries. The court rul…