This Week in the Circuits: Does Congress Have the Power to Ban Home Distilling?

Welcome to the inaugural edition of This Week in the Circuits, a look at the most significant cases up for argument on appeal.

A federal prohibition on home distilling passed in the aftermath of the Civil War offers the Fifth Circuit its latest chance to weigh in on the scope of the federal government’s power.

For 157 years, the federal tax code has barred people from setting up home stills in various places, including sheds, yards, and boats. While the ban endured through numerous legal challenges over the years, a federal trial court judge in Texas last summer held that ...