U.S. Supreme Court to review 1868 federal ban on home distilling of liquor

The Supreme Court agreed to decide whether a federal statute enacted in 1868 that criminalizes home distilling of spirits is constitutional. The law, passed after the Civil War to curb evasion of the distilled‑spirits tax, exposes violators to up to five years in prison and a $10,000 fine. The case stems from a split among federal appeals courts: the Fifth Circuit (sitting in New Orleans) struck down the ban as an improper exercise of Congress’s taxing power, affirming a 2024 Fort Worth district court ruling by Judge Mark Pittman that barred enforcement against the Hobby Distillers Association and four individual members; the Sixth Circuit (sitting in Cincinnati) upheld the statute as a “necessary and proper” means to collect excise taxes. The Justice Department has appealed, and the Supreme Court is slated to hear arguments and issue a decision by the end of June.

The challengers include the nonprofit Hobby Distillers and attorneys who argue individuals should be free to distill for personal use, with backing from 15 Republican‑led state attorneys general (including Ohio, Florida and Idaho) that urged resolution of the circuit split. The government, represented by the Trump administration, contends Congress restricted home distilling to protect a long‑standing revenue stream - originally used to pay Revolutionary‑War debts and now generating billions annually - and therefore has authority to enforce the ban. The outcome will define the scope of Congress’s taxation and enforcement powers over a 160‑year‑old criminal prohibition.