Supreme Court to review 1868 law banning home whiskey distilling

Summarised from 2 outlets · Updated 23 Oct, 16:50 · Archive

The US Supreme Court will reconsider a 150-year-old federal law that makes home distilling of spirits illegal, a case that could redefine congressional taxing power.

The US Supreme Court has agreed to review a Reconstruction-era law enacted in 1868 that makes home distilling of spirits a felony, whilst home brewing of beer and wine is legal. The case will examine whether Congress's constitutional taxing authority justifies restricting an otherwise lawful activity inside a person's home.

Under current federal law, producing distilled spirits at home can result in penalties of up to five years in prison, a $10,000 fine and possible property forfeiture. The case was brought by challengers including John Ream, an Ohio brewery owner and aerospace engineer, and others who wish to distil small quantities for personal consumption. The Buckeye Institute, an Ohio-based organisation representing the challengers, argues Congress overstepped its powers when it enacted the restriction to combat liquor tax evasion during the Reconstruction era.

Two federal appeals courts have reached conflicting conclusions. The 5th Circuit struck down the restriction, finding that Congress's taxing authority did not justify the prohibition, whilst another lower court upheld it. Government lawyers argue the measure was lawful and necessary to prevent tax avoidance. The Supreme Court will hear the case early next year, with a ruling expected in summer 2027.

How it is being reported

• Home distillers rejoice as US Supreme Court considers whether to finally legalise moonshineThe Supreme Court will consider in the new year whether the 1868 legislation forbidding home distilling should be overturned.BBC World · 23 Oct, 16:24
• Making whiskey at home could land you in prison, but Supreme Court may change thatThe Supreme Court will review an 1868 federal law that makes home distilling a felony, a case that could redefine congressional taxing power.Fox News · 21 Oct, 23:18

In this story: US Supreme Court · Ohio · John Ream · Buckeye Institute · 5th Circuit · Congress

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