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Supreme Court agrees to decide whether 1868 federal ban on home distilling is constitutional

The U.S. Supreme Court on October 19, 2026, granted the federal government's petition in Department of Justice v. McNutt, agreeing to decide whether an 1868 law banning the production of distilled spirits at home is a valid exercise of Congress's taxing power. The Fifth Circuit struck the ban down in a suit by the Hobby Distillers Association, while the Sixth Circuit upheld it in a separate case.

Order (Supreme Court of the United States) → · CBS News, SCOTUSblog

Key points

  • Violations carry fines of up to $10,000, up to five years in prison, and possible forfeiture of the home and property in it.CBS NewsSCOTUSblog
  • The Fifth Circuit held the ban exceeds the taxing and necessary-and-proper powers because it prevents taxable production rather than raising revenue.CBS NewsSCOTUSblog
  • Solicitor General D. John Sauer argues home stills make it easier to hide distilling and thwart inspections, enabling tax evasion.CBS NewsSCOTUSblog
  • In Ream v. Department of the Treasury, the Sixth Circuit upheld the ban; the government asked the Court to take McNutt instead.SCOTUSblog
  • Argument is likely early next year, with a decision expected by late June or early July.CBS NewsSCOTUSblog

Sources3 articles across 3 outlets

Filed under

Court orderU.S.U.S.5th Cir.6th Cir.TaxCriminalRegulatoryFor practitionersFor governance