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Fifth and Sixth Circuits Divided on Whether the Necessary & Proper Clause Authorizes Federal Ban on At-Home Spirit Distilling Topic of White Paper From CRS
July 21, 2026
WASHINGTON, July 21 (TNSLrpt) -- The Congressional Research Service issued the following Legal Sidebar white paper (No. LSB11459) by legislative attorney Milan N. Ball:

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Fifth and Sixth Circuits Divided on Whether the Necessary and Proper Clause Authorizes Federal Ban on At-Home Spirit Distilling

For more than 150 years, federal law has banned individuals from distilling spirits at home. Internal Revenue Code (IRC) Sec.Sec. 5601(a)(6) and 5178(a)(1)(B) . . .

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