Texas judge rules home distilling ban UNCONSTITUTIONAL!

[8Ball]

WOOO HOOOO! Congrats to everyone in the USA (sorry to those who aren't). Maybe someday it will be legal everywhere!! I thought that with NH making it legal we would have more suppliers come in, haven't seen anything new.

I am one of those, Sadie, but I am still very happy for US home distillers and I hope your success can be a guiding star when it comes to opening up laws also in other countries. And it's great that the US shows a positive side again! Even the sternest supporter of the US is facing tough head winds these days...

“A positive side again,”?? Tread carefully sir.

[Deplorable]

Let's be clear on the courts ruling. This only affects the states under the jurisdiction of the 5th circuit Court. There are still may hurdles to cross. There is apparently another case in the 6th district. In order to overturn the ban on a national level, it's going to have to go to the SCOTUS. that will only strike down a federal law. Any states that have legislation that prohibits HD will still stand.
All that said, we're headed in the right direction, and the argument brought by the plaintiffs in this case will certainly hold up in other circuit courts across the land.

[sadie33]

Let's be clear on the courts ruling. This only affects the states under the jurisdiction of the 5th circuit Court. There are still may hurdles to cross. There is apparently another case in the 6th district. In order to overturn the ban on a national level, it's going to have to go to the SCOTUS. that will only strike down a federal law. Any states that have legislation that prohibits HD will still stand.
All that said, we're headed in the right direction, and the argument brought by the plaintiffs in this case will certainly hold up in other circuit courts across the land.

awww, dang it! I should've known that, don't know what I was thinking? But it is heading in the right direction, like you said. And it sill deserves a congratulations!!

[Deplorable]

Let's be clear on the courts ruling. This only affects the states under the jurisdiction of the 5th circuit Court. There are still may hurdles to cross. There is apparently another case in the 6th district. In order to overturn the ban on a national level, it's going to have to go to the SCOTUS. that will only strike down a federal law. Any states that have legislation that prohibits HD will still stand.
All that said, we're headed in the right direction, and the argument brought by the plaintiffs in this case will certainly hold up in other circuit courts across the land.

awww, dang it! I should've known that, don't know what I was thinking? But it is heading in the right direction, like you said. And it sill deserves a congratulations!!

Yes it does, now it just needs challengers in other parts of the country to come forward.

[Windy City]

Let's be clear on the courts ruling. This only affects the states under the jurisdiction of the 5th circuit Court. There are still may hurdles to cross. There is apparently another case in the 6th district. In order to overturn the ban on a national level, it's going to have to go to the SCOTUS. that will only strike down a federal law. Any states that have legislation that prohibits HD will still stand.
All that said, we're headed in the right direction, and the argument brought by the plaintiffs in this case will certainly hold up in other circuit courts across the land.

I would disagree with this.
If a federal judge makes a ruling it affects the whole country.
While I agree they will probably bring this to SCOTUS if TTB wants to fight it.
But there does not seem like a lot of pushback by TTB at this time.
This looks like it could get a little interesting if the feds legalize it but the states don't.
I hope we will all soon see the day when we can bring our craft out into the light.

[Secale]

The price of copper tubing will skyrocket now.

[Deplorable]

Let's be clear on the courts ruling. This only affects the states under the jurisdiction of the 5th circuit Court. There are still may hurdles to cross. There is apparently another case in the 6th district. In order to overturn the ban on a national level, it's going to have to go to the SCOTUS. that will only strike down a federal law. Any states that have legislation that prohibits HD will still stand.
All that said, we're headed in the right direction, and the argument brought by the plaintiffs in this case will certainly hold up in other circuit courts across the land.

I would disagree with this.
If a federal judge makes a ruling it affects the whole country.
While I agree they will probably bring this to SCOTUS if TTB wants to fight it.
But there does not seem like a lot of pushback by TTB at this time.
This looks like it could get a little interesting if the feds legalize it but the states don't.
I hope we will all soon see the day when we can bring our craft out into the light.

When a district court rules on something it's ruling is limited to its jurisdiction.

RE: Trump v. CASA, Inc. (consolidated with related cases from Washington and New Jersey), decided on June 27, 2025.
In a 6-3 decision written by Justice Amy Coney Barrett, the Court held that federal district courts generally lack the authority under the Judiciary Act of 1789 to issue "universal" (or "nationwide") injunctions that block a federal executive or legislative policy as to non-parties across the entire country. Instead, injunctive relief must be limited to what is necessary to provide "complete relief" to the specific plaintiffs (or parties with standing) before the court in that particular case.

[Windy City]

I stand corrected.
Seems crazy something can be considered unconstitutional in one part of the country but not in another.
I guess it needs to go to SCOTUS next.

[Deplorable]

I stand corrected.
Seems crazy something can be considered unconstitutional in one part of the country but not in another.
I guess it needs to go to SCOTUS next.

Honestly, even if it goes to SCOTUS, which I hope it does, states can, and likely will leave their own laws in place for "safety reasons". Look how firearms restrictions vary by state, even with the SCOTUS overturning numerous state encroachments on one's constitutionally protected right to self-defense.
If the BATF is as passionate about this as they are about restricting bump stocks, FRTs, and suppressors, I think we will see them pushing back in court or going to congress to amend the law.

[WithOrWithoutU2]

While a step in the right direction, this is not a ruling in anyway where the government has said home distillation is something that private citizens SHOULD be able to do. Rather, the court ruled that congress does not have the power to create laws to prevent individuals activities for the sole purpose of trying to protect tax revenues. This ruling does not restrict the federal government from passing a law to ban home distillation due to publc safety or for publich health interest. Nor does it impact a state from banning home distillation for public health and safety interests. From my research, there is not an existing state law banning home distilling that sites preservaton of tax revenue as primary reason. So it will be hard to win a case that an existing state law is unconstitutional.

This ruling only affects Texas, Mississippi and Louisiana at the federal level. Each of those states still have state laws that prohibit home distillation. So while a step in the right direction, there is not a single home in the US that can distill alcohol without violating either federal or state law unless licensed as a manufacture. However, in 2025 Texas had a bill allowing homedistillation pass the Texas House, but once it advanced to the Senate for a vote it died. Perhaps this ruling will give new life to a new bill being created and proposed. But that will take at least a year or two.

[obsidi]

Let's be clear on the courts ruling. This only affects the states under the jurisdiction of the 5th circuit Court. There are still may hurdles to cross. There is apparently another case in the 6th district. In order to overturn the ban on a national level, it's going to have to go to the SCOTUS. that will only strike down a federal law. Any states that have legislation that prohibits HD will still stand.
All that said, we're headed in the right direction, and the argument brought by the plaintiffs in this case will certainly hold up in other circuit courts across the land.

You are incorrect. The injunction applies to all Hobby Distillers Association members throughout the country. As for everyone else, it is only binding precedent in TX, MS, LA. But anyone throughout the country can join Hobby Distillers Association and then get a federal license to distill at home. So this will have a major impact and make the law almost unenforceable if they don't appeal to the Supreme Court and win. Still need to get the federal and state license, but if you are a member of HDA they cannot deny your license because it is a home.

[subbrew]

Some additional information https://hobbydistillersassociation.com/ ... rehearing/

[PalCabral]

Imagine all those docusoap moonshiners being out of a job if home distilling becomes legal? What will they do now? Start growing Sassafras in the back wood meadows? I am sure it's all badass and stuff but I doubt it will make good TV.

"Today Billy Bob and Randy Frank are going out to their secret hollow where they have secretly planted Sassafras away from the spying eyes of the FDA. Randy Frank is not sure if the plants are ready to be harvested just yet, Billy Bob will keep watch-out while Randy Frank has a look.".