Supreme Court Will Decide Fate of Federal Home Distilling Ban
The Supreme Court on Monday agreed to review a federal ban on distilling spirits in private homes. Congress passed the ban in 1868.
- 5 years in prison and a $10,000 fine are the maximum penalties.
- Two appeals courts split in April, 11 days apart.
- The 5th Circuit struck the ban; the 6th Circuit upheld it.
- The justices will review the 5th Circuit case, the Justice Department's preference.
Why it matters: The case tests whether Congress can criminalize home activity to protect tax collection. Wine and beer can already be made at home legally.
- Challengers argue the ban reduces revenue by barring taxable production.
- The government says home stills made tax evasion and inspection dodging easier.
How 19 sources split on this story
Where they split: The dispute is whether a location ban on distilling is a necessary and proper way to collect taxes, or an overreach of congressional power.
Center coverage, 7 sources: The center frames the case as a constitutional question about federal power, with the government and challengers each making their case.
Left coverage, 6 sources: The left frames the case as a nationwide test of an old ban that hobbyists hope the court will lift.
What’s next: Arguments in Department of Justice v. McNutt are expected next year. A decision is likely by late June or early July.
- The court declined to revisit a precedent broadly reading Congress's commerce power.
- Legislation to repeal the federal restrictions has been introduced in Congress.
- Would a ruling for challengers limit other federal tax-enforcement laws tied to location?
- How would winning home distillers register stills and pay excise taxes in practice?
