Supreme Court to Review Constitutionality of Home Distilling Ban

The Supreme Court of the United States agreed Monday to review whether a federal ban on distilling spirits in private homes is constitutional. The law, which dates back to the 1860s, classifies home distilling as a felony punishable by up to five years in prison and a $10,000 fine.

The case arises from a split between two appellate courts. The Fifth U.S. Circuit Court of Appeals ruled that the ban exceeded the taxing power of Congress, while the Sixth U.S. Circuit Court of Appeals upheld the restriction. The Supreme Court will specifically determine if the ban is a valid exercise of taxing power, though it declined to review whether the law falls under interstate commerce authority.

Solicitor General D. John Sauer, representing the Trump administration, argues the ban is necessary to prevent tax evasion and protect federal revenue. The Hobby Distillers Association and other plaintiffs contend the law is an antiquated relic that oversteps federal authority. Oral arguments are scheduled for early next year, with a final decision expected by summer.