The U.S. Supreme Court agreed on Monday, October 19, to consider whether Congress had the constitutional authority to impose a ban on distilling spirits in private homes more than 150 years ago, the Associated Press reported, with the ABA Journal also reporting the grant of review.

Plaintiffs challenging the prohibition say the 1868 law is a Reconstruction-era relic and argue Congress overstepped its taxation powers when it enacted the ban as part of a measure designed to curb fraud by commercial distillers. Government attorneys counter that Congress properly restricted where spirits can be distilled to prevent excise-tax evasion, and warn that lifting the ban would go against Supreme Court precedent and erode congressional powers.

Federal law makes home distilling a crime punishable by up to five years in prison and a $10,000 fine. There is no exception for personal use, unlike home brewing of beer and wine, which has been legal federally since 1978.

The split that brought the case to the court came in April: a Fifth Circuit panel ruled for the Texas-based Hobby Distillers Association, concluding the ban is outside Congress's taxing power, while 11 days later the Sixth Circuit upheld the ban in a case brought by John Ream, an Ohio brewpub owner who wants to distill whisky at home for personal consumption. The Supreme Court agreed to review the Fifth Circuit case, Department of Justice v. McNutt, which was the Justice Department's preference. Plaintiffs' attorney Robert Alt said they were 'thrilled' the court agreed to hear the case. Arguments are expected in early 2027, with a decision by the end of June 2027.

Sources: Associated Press (Michael Kunzelman), October 19, 2026, via Louisiana First News; ABA Journal, October 20, 2026.