Supreme Court to Review 1868 Home Distilling Ban
The Supreme Court announced Monday it will hear a challenge to the 1868 law that criminalizes home distilling, the Associated Press reported. The high court will consider whether Congress acted within its constitutional authority when it passed the law more than 150 years ago.
Federal statute makes illegal stilling punishable by up to five years in prison and a $10,000 fine. Violators face criminal prosecution under the current law.
Congress enacted the ban as part of a tax reform aimed at curbing fraud by commercial distillers, plaintiffs argue. They claim the measure exceeds Congress’ taxation powers.
Two separate cases now before the Court question whether the law exceeds Congress’ constitutional authority, the government counters that it prevents tax evasion. Government attorneys argue the restriction is essential to stop illicit production.
The Court agreed to review Department of Justice v. McNutt after conflicting rulings from the Fifth and Sixth Circuit Courts of Appeals. The decision will clarify the legal limits of home distillation.
The Fifth Circuit ruled for the Hobby Distillers Association and home distillers, saying the ban violated the Taxation and Necessary and Proper clauses. The panel found Congress overstepped its enumerated powers.
John Ream, a Newark brewpub owner, also challenged the ban; a Sixth Circuit panel upheld the restriction. The panel held the federal ban consistent with existing law.
“Our country’s founders would be rolling over in their graves to learn that a pastime George Washington practiced, as American as apple pie, has become a federal crime,” attorney Robert Alt said. Alt emphasized the historical absurdity of criminalizing a centuries‑old American practice.
Plaintiffs’ lawyers warned the case raises fundamental questions about federal power and the rights of states and individuals. They say the outcome could reshape the balance between federal and state authority.
The government petitioned the Court, arguing the law is a convenient tool to enforce tax collection because home stills can hide operations and evade inspections. Officials claim the restriction safeguards revenue and prevents unregulated production.
