U.S. Supreme Court to review constitutionality of 1868 home-distilling ban

The U.S. Supreme Court has agreed to review a 150-year-old federal law that criminalizes the home distillation of whiskey and other spirits. Enacted in 1868 following the Civil War, the law was originally designed to prevent liquor tax evasion and protect federal revenue.

Under current statutes, individuals found distilling spirits at home can face up to five years in prison, $10,000 in fines, and potential property forfeiture. While home brewing of beer and wine has long been legal, the prohibition on distilled spirits remains in effect.

The legal challenge, supported by more than a dozen Republican-led states, questions whether Congress’s constitutional power to collect taxes extends to banning otherwise lawful activities conducted within a private home. The case highlights a split between federal appeals courts: the 5th Circuit previously struck down the restriction, while the 6th Circuit upheld it.

Challengers, including Ohio brewery owner John Ream and the Buckeye Institute, argue the law is an antiquated relic that exceeds congressional authority. The Department of Justice is defending the restriction as a legitimate tool for tax enforcement. A ruling is expected by the end of June.