Supreme Court to Review Whether Distilling Spirits in Private Homes Can Be Banned

A challenge to the old law

The Supreme Court has agreed to consider the constitutional basis for a federal ban on distilling spirits at home. The prohibition dates to 1868, more than 150 years ago.

Those challenging the law describe it as a remnant of Reconstruction-era politics. They argue Congress went beyond its taxation powers when it included the ban in a tax reform measure aimed at reducing fraud by commercial distillers.

Courts reach different conclusions

Two federal circuit courts issued conflicting decisions on separate challenges to the prohibition. Their rulings came in April, just 11 days apart. A Fifth Circuit panel sided with other challengers, members of the Texas-based Hobby Distillers Association. It concluded that constitutional taxing authority does not cover statutory restrictions on distilling spirits inside the home.

Questions over broader effects

The Supreme Court’s review will address whether Congress had authority to enact the home-distilling prohibition. The dispute concerns both the reach of federal taxation powers and the law’s continued place in force.

Those who warn against lifting the ban say doing so would conflict with Supreme Court precedent and weaken congressional powers. The competing positions have emerged as the federal courts disagree over the statute.