Supreme Court to review 150-year-old home spirits distilling ban
Summarised from 2 outlets · Updated 19 Oct, 15:31 · Archive
The Supreme Court agreed to consider whether an 1868 law banning home distilling of spirits is constitutional.
The Supreme Court agreed on Monday to consider whether Congress had the constitutional authority to impose a ban on distilling spirits in private homes enacted more than 150 years ago. Federal law currently makes home distilling a crime punishable by a maximum of five years in prison and a $10,000 fine.
Plaintiffs challenging the prohibition claim the 1868 law is an antiquated relic of Reconstruction-era politics. They argue Congress overstepped its taxation powers when it enacted the ban as part of a tax reform measure designed to curb fraud by commercial distillers. The government counters that Congress properly restricted where spirits can be distilled to prevent producers from evading federal excise taxes.
Two federal circuit courts issued conflicting decisions in April. A three-judge panel from the Sixth U.S. Circuit Court of Appeals upheld the ban in a case brought by John Ream, a brewpub owner from Newark, Ohio, who wants to distil whisky at home for personal consumption. A Fifth Circuit panel ruled in favour of the Texas-based Hobby Distillers Association, concluding that statutory prohibitions on in-home distilling fall outside Congress's taxing power. The Supreme Court agreed to review the Fifth Circuit decision.
How it is being reported
- Supreme Court agrees to review Reconstruction-era ban on distilling spirits in private homesThe Supreme Court has agreed to review a Reconstruction-era ban on distilling spirits in private homes.Clickorlando · 19 Oct, 14:43
- Supreme Court agrees to review a Reconstruction-era ban on distilling spirits in private homesThe Supreme Court will consider if Congress had the constitutional authority to ban distilling spirits in private homes more than 150 years ago.News4Jax · 19 Oct, 14:43
In this story: Supreme Court · Congress · John Ream · Sixth U.S. Circuit Court of Appeals · Fifth Circuit · Hobby Distillers Association · Newark, Ohio · Texas
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