Federal lawsuit challenges ban on one of the most American things ever

[Elderberry]

WND By Katelynn Richardson Daily Caller News Foundation 12/24/2023

'Beyond all of the powers of Congress to enact under the Constitution'

The federal ban on at-home distilling — a hold over from the Prohibition Era — violates the U.S. Constitution, a new lawsuit argues.

The Hobby Distillers Association, an organization with over 1,300 members represented by the Competitive Enterprise Institute (CEI), filed a federal lawsuit this month against the Alcohol and Tobacco Tax and Trade Bureau (TBB) and Department of Justice (DOJ) over the government’s ban on at-home distilling. The ban is not just “bad policy,” CEI’s General Counsel Dan Greenberg told the Daily Caller News Foundation, it’s also “inconsistent with a proper view of the limited government constraints of the Constitution.”

“The Constitution created a Federal Government of limited and enumerated powers,” the lawsuit states. “The at-home distilling ban is beyond all of the powers of Congress to enact under the Constitution.”

President Jimmy Carter signed legislation legalizing the practice of homebrewing federally in 1978, though home distilling remained illegal, according to the Smithsonian.

The lawsuit argues that the ban does not fall under Congress’ authority to regulate interstate commerce, as it operates locally, or the federal government’s taxing power, as it “raises no revenue.”

More: https://www.wnd.com/2023/12/federal-lawsuit-challenges-ban-one-american-things-ever/

[Weird Tolkienish Figure]

Home distilling can make you blind for one thing...

[Maj. Bill Martin]

It's an interesting legal argument that is probably correct. And this Supreme Court may even be sympathetic to it.

Under the Constitution, home distilling for personal consumption is an activity over which the feds should have no jurisdiction. If you want to regulate it, it should be at the state level.

[Elderberry]

Home distilling can make you blind for one thing...

Not if you throw away the "Heads".

https://distillationsupplies.com/how-do-i-separate-the-heads-foreshot-hearts-middle-cut-and-tails-feint/

What is Moonshine Blindness?

The phrase “moonshine blindness” refers to blindness occurring after people drink too much methanol. When people made their moonshine during the Prohibition era, they either didn’t know or didn’t care that methanol toxicity could lead to blindness.

So, moonshine blindness has much less to do with moonshine and more to do with the distillation process. As you can imagine, 1920s bootleggers had much less sophisticated distillation setups than today’s professional moonshine distillers.

What is Methanol Toxicity?

The body can process small amounts of methanol. However, getting too much methanol can cause problems. This is what’s known as methanol toxicity. It can lead to blindness or even death.

Methanol is a naturally occurring chemical that’s found in a lot of fruits and vegetables. It is also a distillation byproduct. Beer and wine have small amounts of methanol. The low concentration of methanol isn’t concerning for home brewers.

Spirits, like moonshine, also have methanol but at higher concentrations. So, home distillers need to be mindful of dumping out the first 50 mL per 5 gallons of wash. Professional distillation processes automatically remove methanol from each batch.

[Wingnut]

Damn revenuers.  They better stay away from Copperhead Road.

[Hoodat]

Home distilling can make you blind for one thing...

So can something else.  But I don't see the federal government trying to ban that.

[Wingnut]

So can something else.  But I don't see the federal government trying to ban that.

Blind>  Hmmmm, I thought it encouraged hair growth. If Bosley could make that translate from han to the other head.

[Smokin Joe]

Blind>  Hmmmm, I thought it encouraged hair growth. If Bosley could make that translate from han to the other head.

Can't say about hair growth, but ethanol sure helped me sing and dance and woo the ladies...not to mention made me a bulletproof race car driver.

[Wingnut]

Can't say about hair growth, but ethanol sure helped me sing and dance and woo the ladies...not to mention made me a bulletproof race car driver.

I was leaning more to Rosie wearing my ring, not so much about burning rubber!