Necessary & Proper Episode 92: Can the Federal Government Ban At-Home Distilling?

After the U.S. Supreme Court in Morrison v. Olson (1988) and U.S. v. Lopez (1995) held two federal statutes were unconstitutional as those statutes were beyond the power of Congress to enact, some claimed it was the dawn of a new federalism revolution. However, such challenges to federal power did not seem to continue. Now, a new case McNutt v. DOJ, once again directly challenges whether a federal statute is beyond Congress's power to enact. This time, the challenge is to the federal ban on at-home distilling. This case raises substantial issues concerning the scope of Congress's power and how much decision-making authority the Constitution left for states to decide. This FedSoc Forum will provide an update on what has occurred so far and discuss the important issues raised by this case. Featuring: Thomas Berry, Director, Robert A. Levy Center for Constitutional Studies, Cato Institute Michael Pepson, Regulatory Counsel, Americans for Prosperity Foundation Eric J. Segall, Ashe Family Chair Professor of Law, Georgia State University College of Law Moderator: Theodore Cooperstein, Appellate Counsel, Theodore Cooperstein PLLC

You can listen to Necessary & Proper Episode 92: Can the Federal Government Ban At-Home Distilling? online on Radio and Podcast. Open the player on this page to stream the available audio.

Necessary & Proper Episode 92: Can the Federal Government Ban At-Home Distilling? is an episode from Necessary & Proper Podcast by The Federalist Society.

This episode is 59:25 long.

This episode was published on Aug 12, 2025.

Yes. Use the heart button on the episode page to add it to your favorite episodes list.

Yes. This page shows related episodes from Necessary & Proper Podcast when more episodes are available from the podcast feed.