Supreme Court to review federal ban on home distilling of liquor

The Supreme Court announced it will decide the legality of a federal ban on distilling liquor at home, a law that has been in place since 1868, CBS News reported. The case, Department of Justice v. McNutt, is expected to have oral arguments next year with a decision by late June or early July.

The ban prohibits producing distilled spirits at home for personal use, with penalties including fines up to $10,000, up to five years in prison, and forfeiture of the property used, according to NBC News. The law was originally enacted to combat widespread tax evasion by commercial distillers in the 19th century.

Advocates for home distilling, including the Hobby Distillers Association and its members, argue the ban exceeds Congress’ constitutional powers, particularly its taxing authority, since the law criminalizes conduct unrelated to tax collection, CBS News noted. A federal district court previously found the ban unconstitutional, but the case is now before the Supreme Court.

The challengers include individuals who distill spirits at home and companies that manufacture stills for home use. They filed lawsuits after being denied licenses by the Alcohol and Tobacco Tax and Trade Bureau due to the federal prohibition, NBC News reported.

For decades, Americans have been allowed to make wine and beer at home without penalties, but the distilling of spirits remains banned under this federal law, NBC News added. The Supreme Court’s ruling will determine whether the longstanding ban remains in effect.