Supreme Court agrees to weigh constitutionality of home liquor distilling ban

The short version

• The Supreme Court agreed to consider a challenge by the Hobby Distillers Association to a nearly 160-year-old federal home distilling ban.[CBS News]
• The 1868 law bars home production of spirits for personal use with no exceptions, and violators face fines, up to five years in prison, and forfeiture of property.[CBS News]
• A federal district court found the ban unconstitutional and the 5th Circuit largely upheld that finding, while the solicitor general calls the ruling erroneous.[CBS News]
• Arguments are likely next year, with a decision expected by late June or early July, though that timing is not yet confirmed.[CBS News]

Key facts

• The Supreme Court said it will consider the constitutionality of the nearly 160-year-old federal ban on home distilling.[CBS News]
• Arguments in Department of Justice v. McNutt are likely next year, with a decision anticipated by late June or early July.[CBS News]
• The 1868 law states that a person may not produce distilled spirits at home for personal use, and it includes no exceptions for personal or family use.[CBS News]
• Violations carry fines, up to five years in prison, and forfeiture of the violator's home and the property within it.[CBS News]
• Congress cited rampant tax evasion by commercial distillers when it enacted the restrictions, with lawmakers determining that at least seven-eighths of spirits went untaxed.[CBS News]
• The Hobby Distillers Association and one member who wants to distill at home brought the challenge, arguing the ban exceeds Congress's enumerated powers.[CBS News]
• A federal district court found the ban unconstitutional, and the 5th Circuit largely upheld that ruling, finding the limits not plainly adapted to the taxing power.[CBS News]
• Solicitor General D. John Sauer urged the Supreme Court to take the case, calling the lower ruling erroneous and arguing that home stills can conceal tax evasion.[CBS News]

Sources

Outlet counts describe coverage, not independent confirmation. Reports may share a wire service or original source.

• Supreme Court to decide legality of ban on distilling liquor at homeCBS News - US
• Supreme Court Agrees to Review a Ban on Distilling Spirits in Private HomesThe Washington Sun
• Making whiskey at home could land you in prison, but Supreme Court may change thatFox News