US appeals court declares 158-year-old home distilling ban unconstitutional

https://www.theguardian.com/law/2026/apr/11/appeals-court-ruling-home-distilling-ban-unconstitutional

US appeals court declares 158-year-old home distilling ban unconstitutional

Judge said ban, which originated in Reconstruction era to thwart liquor tax evasion, actually reduced tax revenue

The Guardian

As tourists to sketchy places in Asia discovered, methanol poisoning is a real risk, even from large scale distillation. It is the quality control that matters. Illegal stills make quality control impossible, so legalisation and government certified testing can make it safe.

However, this ruling is not about alcohol, it is about dissolving Federal authority exercised via the trade and commerce clause of the Constitution.

There are many hobbies with which people can kill themselves if they don't understand what they are doing. I don't see how brewing is different. A grown-up person has rights and bears the consequences of negligence and that's totally normal, that's what freedom is.

As long as the product is not sold outside but for personal consumption, it must be legal to make without any certifications.

I forget the exact wording, but the seat belt law are a good example of it. Laws are passed to protect the populace from self harm so that society doesn't suffer from it. It probably doesn't apply here because home distillation is very niche. However, if a bunch of people show up in emergency rooms and it drives up health care costs then expect a quick reversal in policy.
Seat belt laws are an interesting example though because they only apply when driving on public roads. You can drive your car with no seat belt on a private track all day if you want to.