The Supreme Court is set to hear a case challenging a 160-year-old federal ban on home distilling of alcohol. Currently, Americans can brew beer and make wine at home, but distilling spirits can lead to severe penalties. The case follows differing rulings from U.S. Circuit Courts regarding Congress's power to enforce such a ban. Advocates for change argue the law is unconstitutional, while the government claims it is essential for tax compliance. Even if the ban is lifted, federal regulations may still restrict home distilling.
Key facts
- The Supreme Court will review the home distilling ban in Department of Justice v. McNutt.
- The 5th U.S. Circuit Court ruled the ban unconstitutional, while the 6th Circuit disagreed.
- Home distilling can result in up to five years in prison and a $10,000 fine.
- The original ban was enacted in 1868 to combat tax evasion during Reconstruction.
- Some states allow limited home distilling, but federal law still applies.
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