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

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

#121

Do this one next: https://en.wikipedia.org/wiki/Gonzales_v._Raich The Supreme Court somehow held that the feds can regulate what you do in your own home (in this case, growing marijuana for personal use) because it could have a butterfly effect on the interstate price. (Constitutionally, the feds can only regulate _interstate_ commerce.)

Our companion case in the Sixth Circuit tees up the issue:

https://www.buckeyeinstitute.org/issues/detail/ream-v-us-dep...

See the opening brief.

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

#122

Do this one next: https://en.wikipedia.org/wiki/Gonzales_v._Raich The Supreme Court somehow held that the feds can regulate what you do in your own home (in this case, growing marijuana for personal use) because it could have a butterfly effect on the interstate price. (Constitutionally, the feds can only regulate _interstate_ commerce.)

The entire 10th amendment is basically being ignored because interstate commerce policies and rulings. For that matter, the 1st, 4th and 5th aren't being upheld either.

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

#123

Earlier quoted context omitted.

I am not really a fan of liquor, but I do like the idea of having skills which are universally valuable. If you air dropped me into a random village in Africa I doubt I could 'code for cassava' but I could almost certainly make a living if I knew how to set up a basic pot still and safely create booze.

Sub saharan africa already has a very large informal distilling network (especially of bananas), a niche largely reserved for women in many regions (not sure for what the reason is for that exactly).

Probably because it involves some form of cooking, which is a feminine-coded skill.

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

#124
post #41
post #4

Missed in the previous discussion: methanol is irrelevant. Grain based ferments have essentially zero methanol.(And methanol risk is a function of its concentration relative to ethanol — the treatment for methanol poisoning is… ethanol!) even fruit based fermentations with significantly higher pectin concentrations only produce trace methanol, and it’s not all that well concentrated in a distillation due to azeotrope…

> Methanol poisoning stories in the news almost exclusively result from people trying to sell denatured or industrial alcohol Pretty sure this was a relic of prohibition right? The feds would contaminate ethanol with methanol to keep people from drinking it, but then they hurt a bunch of people and never faced any consequences...

> Pretty sure this was a relic of prohibition right? The feds would contaminate ethanol with methanol to keep people from drinking it

We still do this now. We don't do it because alcohol is illegal, we do it because we levy higher taxes on non-poisonous alcohol, and if someone decides to drink the poisoned alcohol, they deserve what they get.

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

#125

Do this one next: https://en.wikipedia.org/wiki/Gonzales_v._Raich The Supreme Court somehow held that the feds can regulate what you do in your own home (in this case, growing marijuana for personal use) because it could have a butterfly effect on the interstate price. (Constitutionally, the feds can only regulate _interstate_ commerce.)

Yes, regardless of that specific case I'm hoping to see a series of Supreme Court decisions that will eviscerate federal government power over internal state affairs and restore the original intent of the 10th Amendment. Long live federalism.

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

#126
As I understand it, this only applies to the three states in that district, all of which also have statewide bans against it.

My state (Missouri) has the most lax home distilling state laws in the nation, which allow residents to produce up to 500 bottles per year. Well, at least theoretically, since the federal ban takes precedence.

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

#127

Earlier quoted context omitted.

It's not legal where I am at all and I get hotboxed on my morning drive to work every day...

The fact that so many people think it's fine to get high and drive is baffling to me.

It’s ok if you do it where you arrive at taps forehead

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

#128
post #47
post #43

Earlier quoted context omitted.

To be fair, we still add 5-10% methanol to industrial alcohol. But also a bunch of bitterants to discourage use.

Are adding it or just distill both because it's cheaper?

Yeast microbes make ethanol, not (much) methanol.

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

#129
post #106

Earlier quoted context omitted.

No, that was never the old pattern. Nationwide injunctions were unheard of until very recently -- as in, within the past 10-20 years. https://en.wikipedia.org/wiki/Nationwide_injunction

Your own source says they've been common since 1960

It doesn’t say that. It says that the D.C Court of Appeals issued one in 1963, and then quotes the DOJ as saying “ nationwide injunctions remained ‘exceedingly rare’ for a few decades after 1963[,]” notwithstanding one issued by a district judge in New York in 1973.

Regardless of what you think about nationwide injunctions, your original assertion that “prior to this year,” a decision by a federal appellate court would apply the entire country is categorically false.

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

#130

Earlier quoted context omitted.

Can smoking tobacco be banned in multifamily complexes currently? I'd think the policy would be the same.

HOAs tend to manage this kind of thing

Lol, yes, subsidiarity.

HOAs, the lowest level of US government.

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