October 19, 2026

Supreme Court to Review Constitutionality of Home Distilling Ban and Conflicting Circuit Court Decisions

The Supreme Court will hear arguments on the constitutionality of a nearly 160-year-old federal ban on home distilling, with a decision expected by late June or early July 2024.
The case, Department of Justice v. McNutt, questions Congress's taxing powers and includes conflicting decisions from the Sixth and Fifth Circuits regarding the ban's constitutionality.
The plaintiffs argue the ban is an outdated relic of Reconstruction-era politics, while the government defends it as essential for tax regulation and compliance.

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