The BakerHostetler team of Partners Andrew Grossman and Kristin Shapiro has earned AmLaw Litigation Daily Litigator of the Week Runner-Up honors for an April 10, 2026, decision by the U.S. Court of Appeals for the Fifth Circuit that legal commentators are referring to as a “blockbuster.” Initiated in May 2024 by The Hobby Distillers Association and several of its members, the lawsuit contended that a 158-year-old law prohibiting home distilling went beyond Congress’ taxation powers and was not “necessary and proper” to collect tax revenue. In 2025, a federal district court in Texas ruled the restriction unconstitutional, but only unenforceable for the association and one member.
The appeals court ruled the ban violates the U.S. Constitution and overturned the lower court. The three-judge panel disagreed with the government’s contention that the ban was put in place to help prevent tax evasion and expressed that the ban reduced tax revenue by the prohibition of home distilling. The “blockbuster” applies to the court’s reasoning on the limits of Congress’ authority under the Necessary and Proper Clause, which could lead to more pre-enforcement challenges of federal and state laws.
The case received heavy coverage in top-tier legal and business outlets, as well as high-profile consumer publications such as The Washington Post, Newsweek, Food & Wine, The Guardian, U.S. News & World Report, New York Post and Houston Chronicle, as well as multiple Fox affiliates.
Read the Texas Lawyer article. (subscription required)
Read the Bloomberg Law article. (subscription required)
Read the Law360 article. (subscription required)
Read the AmLaw Litigation Daily article. (subscription required)
