Supreme Court to Hear Challenge to 1868 Ban on Home Distilling
The Supreme Court agreed on Monday to review the constitutionality of an 1868 federal law prohibiting the distillation of spirits in private homes. The case, Department of Justice v. McNutt, stems from a conflict between the 5th and 6th Circuit Courts of Appeals. The 5th Circuit ruled the ban unconstitutional, arguing it exceeds Congress’s taxing power, while the 6th Circuit upheld it as a necessary measure to prevent tax evasion. Oral arguments are expected early next year, with a final decision anticipated by late June or early July 2027. Violations of the ban currently carry penalties including up to five years in prison and a $10,000 fine.