Supreme Court Takes Up Reconstruction-Era Home Distilling Ban
The Supreme Court agreed to review whether Congress had constitutional authority to ban home distilling under an 1868 law passed to protect federal liquor-tax revenue. The Trump administration is defending the prohibition, while challengers argue it exceeds Congress’s powers and more than a dozen Republican-led states support the challenge. The justices are expected to hear arguments and rule by the end of June.
The justices accepted the administration’s appeal after the Fifth Circuit struck down the home-distilling prohibition. That panel found Congress’s taxing power did not support barring an activity that might itself yield revenue. A separate Sixth Circuit decision in Ream v. Department of the Treasury upheld the ban as a proper means of collecting federal spirits taxes.
The underlying 1868 measure followed the Civil War and targeted evasion of federal liquor taxes. Penalties can reach five years’ imprisonment and a $10,000 fine. More than a dozen Republican-led states have joined the challengers’ side, while the Trump administration argues the restriction remains a valid tax-enforcement tool.
A ruling could affect hobby distillers, federal regulators, and states interested in alcohol regulation. If the ban is upheld, home producers may face continued criminal exposure; if struck down, Congress’s tax-enforcement authority may be read more narrowly. The case could also shape how courts assess old laws used to enforce federal revenue rules, though other permit, tax, and regulatory requirements would likely remain.