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Politics · October 19, 2026

SCOTUS To Hear Disparate Impact, At-Home Distilling Ban Cases

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The Supreme Court has agreed to review the constitutionality of an 1868 federal law that bans at-home distilling of liquor. The case, Department of Justice v. McNutt, arises from conflicting rulings between the Fifth and Sixth U.S. Circuit Courts of Appeals. Plaintiffs argue the ban exceeds Congress's taxation and 'Necessary and Proper' powers, while the federal government maintains the ban is essential to prevent tax evasion and ensure effective inspection of spirits production. The court will determine if a law originally passed to curb post-Civil War commercial fraud remains a valid exercise of federal authority.

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Reported across the spectrum

  • The Supreme Court agreed to review the case Department of Justice v. McNutt.
  • The law in question is an 1868 ban on home distilling.
  • The Fifth U.S. Circuit Court of Appeals ruled the ban exceeded congressional authority.
  • The Sixth U.S. Circuit Court of Appeals ruled the ban should stand.
  • Federal law currently punishes home distilling with up to five years in prison and a $10,000 fine.

Reported by only some outlets

  • The Hobby Distillers Association is a primary plaintiff in the Texas-based challenge.
  • The 1868 ban was part of tax reform designed to curb fraud by commercial distillers.
  • The government argues that home distilling makes concealment and tax evasion easier for distillers.

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