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Federal judge rules that 156-year-old ban on at-home distilling is unconstitutional

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A federal judge in Texas has ruled that an 1868 ban on at-home distilling is unconstitutional.

U.S. District Judge Mark Pittman, in his ruling on Wednesday, sided with the Hobby Distillers Association’s lawyers that the 156-year-old ban exceeded Congress’s taxing power and violated the U.S. Constitution’s Commerce Clause. The Hobby Distillers Association is a group that advocates legalizing a person’s production of spirits such as whiskey and bourbon for their personal consumption.

“Indeed, the Constitution is written to prevent societal amnesia of the defined limits it places on this government of and by the people,” Pittman wrote. “That is where the judiciary must declare when its coequal branches overstep their Constitutional authority. Congress has done so here.”

Pittman issued a permanent injunction prohibiting the U.S. government from enforcing the ban against the Hobby Distillers Association’s members. The judge also stayed his decision for 14 days to allow the government to seek a stay at the appellate court level.

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A federal judge in Texas ruled that an 1868 ban on at-home distilling is unconstitutional. (iStock)

People who violate the at-home distilling ban could face up to $10,000 in fines or five years in prison.

Devin Watkins, a lawyer for the Texas-based hobby group at the libertarian think tank Competitive Enterprise Institute, told Reuters that the ruling “respects the rights of our clients to live under a government of limited powers.”

The hobby group, which represented the plaintiffs, and four of its 1,300 members filed a lawsuit in December against the Alcohol and Tobacco Tax and Trade Bureau and the Department of Justice, saying that the government’s regulatory reach could not extend to activities within a person’s home.

The Alcohol and Tobacco Tax and Trade Bureau is a division of the Department of the Treasury that regulates and collects taxes on alcohol, while the Department of Justice can prosecute any felonies.

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People who violate the at-home distilling ban could face up to $10,000 in fines or five years in prison. (AP Photo/Damian Dovarganes)

“This decision is a victory for personal freedoms and for federalism,” Competitive Enterprise Institute lawyer Dan Greenberg said. “We’re pleased to see that the court determined that the home distilling ban is unconstitutional – and that it blocked enforcement of the ban against our clients. More broadly, the court’s decision reminds us that, as Americans, we live under a government of limited powers.”

Pittman said that while three of the individual plaintiffs failed to prove they faced a credible threat of facing prosecution without an injunction, the group and one of its members, Scott McNutt, had carried their burden of showing they would be harmed if the ban was not blocked.

McNutt received an unsolicited letter from the Alcohol and Tobacco Tax and Trade Bureau that said he faced potential civil and criminal liability after it learned he may have purchased materials that could be used to distill spirits.

The Department of Justice claims the ban was a valid measure created by Congress to protect the substantial revenue the government raises from taxing distilled spirits by limiting where plants could be located.

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The Competitive Enterprise Institute filed a lawsuit in December against the Alcohol and Tobacco Tax and Trade Bureau and the Department of Justice. (Luke Sharrett/Bloomberg via Getty Images)

Pittman, however, said the ban was not a valid practice of Congress’ taxing power because it did not raise revenue and “did nothing more than statutorily ferment a crime.”

“While prohibiting the possession of an at-home still meant to distill beverage alcohol might be convenient to protect tax revenue on spirits, it is not a sufficiently clear corollary to the positive power of laying and collecting taxes,” the judge wrote.

The judge said the ban on at-home distilling could also not be covered under Congress’ power to regulate interstate commerce. He said the ban is “not a ‘comprehensive’ scheme of regulation because there are many aspects of the alcohol industry that Congress has left untouched.”

“While the federal government has become more enthusiastic about inflating the scope of its powers over the last century, this case shows that there are limits to the government’s authority,” Watkins, the lawyer for the Texas-based hobby group at the libertarian think tank Competitive Enterprise Institut said in a statement. 

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“If the government appeals this decision to a higher court, we look forward to illuminating those limits.”

Reuters contributed to this report.

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Los Angeles, Ca

Carjacking suspect crashes truck, trailer after chase in Southern California

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Carjacking suspect crashes truck, trailer after chase in Southern California

At least one person has been detained after a search for a suspect involved in a stolen truck and trailer pursuit that ended with a crash in North Hollywood Monday night.  

Officers with the Los Angeles Police Department’s Foothill Division initiated the chase of a carjacking suspect out of Ventura County just before 9 p.m. 

The driver of the stolen truck was pulling what appeared to be a coffee vendor’s trailer during the pursuit, which made its way into North Hollywood and, at one point, was traveling on the Metro Orange Line busway.  

  • North Hollywood pursuit crash
  • North Hollywood pursuit crash
  • North Hollywood pursuit crash
  • North Hollywood pursuit crash
  • North Hollywood pursuit crash
  • North Hollywood pursuit crash

When the suspect, who was driving at a high speed, attempted to make a turn at Tujunga Avenue from Chandler Boulevard, they lost control and flipped the trailer, causing the vehicle and it’s load to come to a sudden stop.  

The suspect then fled on foot, prompting police to set up a perimeter in the area while they searched for the suspect.  

Just after 10:30 p.m., police told KTLA that one person was taken into custody.  

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No further information was provided.  

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Southwest

Restoration of the Alamo could be new front in the culture war as TX fights over portrayal of slavery: Report

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San Antonio is embarking on a $550 million project to restore the historic Alamo, but some critics have concerns about how slavery will be portrayed in the changes. 

Updates to the Spanish mission, which was the site of the historic Battle of the Alamo in 1836 during Texas’ fight for independence from Mexico, will include a new 100,000-square-foot visitor center and museum, a 4D theater, as well as a rooftop restaurant, which is being built across the street, the Washington Post reported. The budget is mostly allocated by the Republican-controlled state legislature.

The Post’s headline read, “Remember the Alamo? Rehab of battle site is latest front in culture war.” 

Because the attraction is a source of Texas pride, Republican Jerry E. Patterson, who served as Texas Land commissioner from 2003 to 2015, told the Washington Post that if the new museum focuses too much on slavery, it could put off visitors. 

“If we make it a museum about all the bad things and whatever, nobody’s going to go there,” he said.

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In contrast, some historians argue that slavery should be on display as a leading factor in the conflict, the outlet reported. 

“Slavery was maybe not the spark of the revolution, but it was the underlying tension that could not be reconciled,” Chris Tomlinson, co-author of “Forget the Alamo: The Rise and Fall of an American Myth,” told the Washington Post. 

Tourists gather in front of the chapel of the Alamo Mission, known as the “Shrine of Texas Liberty,” in downtown San Antonio, Texas, on January 23, 2023. (DANIEL SLIM/AFP via Getty Images)

The most recent fight about the direction the restoration should take is the proposed statue of a man named Joe, an enslaved Black man who was at the Alamo during battle along with his owner, William B. Travis, who was a commanding officer among the Texas revolutionaries, The Washington Post reported. 

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Historical accounts indicate Joe was armed, but the Alamo Museum Planning Committee, overseen by the Alamo Trust, has been divided over whether to include Joe’s statue with a musket.

Some Black community members, like Deborah Omowale Jarmon, who runs the San Antonio African American Community Archive and Museum, described it as “delusional” that an enslaved person was there “willfully fighting for Texas independence.”

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“If his contribution to this battle was he told the story, let’s show him doing that,” she said. “But the next thing we know, Joe has a gun now and they’re saying he’s an Alamo defender.”

The planning committee ultimately decided not to arm him and instead depict him as a survivor and eyewitness of the Alamo, The Washington Post reported. But, while Republicans want the museum to focus on the battle, Democratic leaders would like to see more focus on the role Native Americans and slaves played in Texas’ fight for independence. 

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“The staff at the Alamo have expressed to me that they want to deal with controversial issues, but I don’t think they’re free to do so,” Tommy Calvert, a Democratic commissioner in Bexar County, said. “Much like we’re in a heart and soul battle for America, we’re in a heart and soul battle for Texas, and the Alamo is at the center of that.”

Patterson told The Washington Post that the argument is less about the Alamo and is instead about those who believe that the 1836 rebellion of Texas was about slavery, which he said was candidly wrong. But, he did admit that there are certain aspects of the state’s history that have been skipped over in the past. 

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“The bottom line is for about 100 years, Texas taught, believed and supported a narrative of history that was not completely factually accurate and did not include all players that needed to be included,” he said.

But, historians, like Tomlinson, disagree and argue slavery was a key issue while Texas was fighting for its independence.

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“The genie is out of the bottle, they’re not going to be able to put this story out there without people knowing that there’s another version of what really happened,” Mario Marcel Salas, a retired political science professor and author of “The Alamo: A Cradle of Lies, Slavery, and White Supremacy,” told The Washington Post. 

“Eventually, maybe not in my lifetime, but eventually, San Antonio will be ready to give up the myth of the Alamo,” he concluded. 

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Los Angeles, Ca

Dodgers slugger Hernández wins MLB Home Run Derby

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Dodgers slugger Hernández wins MLB Home Run Derby

The 2024 winner of the MLB Home Run Derby is a Los Angeles Dodger.

Dodgers outfielder Teoscar Hernández captured the home run crown Monday evening, the first Dodger in the history to win the beloved event.

Hernández hit a total of 49 homers through the competition.

He battled in the final round with Kansas City Royals shortstop Bobby Witt Jr., edging out his opponent with a final score of 14 to 13.

The Dodgers All Star eliminated Philadelphia Phillies third baseman Alec Bohm in the semifinals, taking the win after a swing-off after both sluggers notched 14 home runs.

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Prior to that, Hernández hit 19 dingers in the opening round, advancing to the semifinals and earning the fourth-seed in the elimination tournament.

Pete Alonso of the New York Mets was eliminated in the first round after hitting only 12 homers, putting a hold on his pursuit to join Ken Griffey Jr. as a three-time derby champion.

Teoscar Hernández #37 of the Los Angeles Dodgers bats during the T-Mobile Home Run Derby at Globe Life Field on July 15, 2024 in Arlington, Texas. (Photo by Stacy Revere/Getty Images)

This was the 31-year-old Dominican’s first appearance in the Home Run Derby. It’s also his first year as a member of the Dodgers.

The field of competitors lacked some of the big names of the National League and American League, including each league’s home run leaders in New York Yankees star Aaron Judge and Hernández’s teammate Shohei Ohtani.

Ohtani had previously voiced interest in competing, but ultimately decided to sit this one out to allow himself some extra time to recover from elbow surgery.

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Hernández and Ohtani will share the field Tuesday during the MLB All Star Game, alongside fellow Dodgers in first baseman Freddie Freeman and catcher Will Smith.

Shortstop Mookie Betts and starting pitcher Tyler Glasnow, also named 2024 National League All Stars, are not expected to play.

The All Star Game take place Tuesday at 5 p.m. exclusively on Fox.

For complete results of the 2024 MLB Home Run Derby, click here.

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