Two men with a jug of moonshine, ca. 1915 | Corbis via Getty Images
On Friday, a federal appeals court struck down a nearly 160-year-old federal law prohibiting people from distilling liquor in their own home.
That’s a fairly momentous event in its own right — any claim that a law that’s been on the books since Reconstruction is unconstitutional should be greeted with a heaping spoonful of skepticism. But the United States Court of Appeals for the Fifth Circuit’s decision in McNutt v. US Department of Justice is particularly significant because it is all but certain to be heard by th...
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