Supreme Court to review ban on home distilling of spirits

Summarised from 2 outlets · Updated 19 Oct, 15:19 · Archive

The US Supreme Court will consider whether a nearly 160-year-old federal law banning home distilling is constitutional.

The US Supreme Court will decide whether a nearly 160-year-old federal ban on distilling spirits at home is constitutional. The law, enacted in 1868, makes home distilling a criminal offence punishable by up to five years in prison and fines. The case follows conflicting decisions from two federal appeals courts in April.

The Hobby Distillers Association and other plaintiffs argue the ban exceeds Congress's enumerated powers, including its taxing authority. They contend the 1868 law is an antiquated relic designed to prevent tax evasion by commercial distillers and should not restrict activities in private homes. Government attorneys counter that Congress properly restricted where spirits can be distilled to prevent producers from evading federal excise taxes. They warn that lifting the ban would erode congressional powers.

Congress originally restricted home distilling after determining that at least seven-eighths of spirits went untaxed due to evasion by commercial distillers, according to an 1867 House report. At that time, the tax rate was $2 per gallon, more than the market price of spirits. The 1868 law carries no exceptions for personal or family use and applies to any dwelling house, shed, yard or enclosure where stills or equipment to produce distilled spirits are found.

Arguments in the case, known as Department of Justice v. McNutt, are expected next year, with a decision by late June or July.

How it is being reported

• Supreme Court will review ban on distilling spirits in private homesPlaintiffs challenging the prohibition on home distilling claim the 1868 law is an antiquated relic of Reconstruction-era politicsIndependent World · 19 Oct, 15:09
• Supreme Court to decide legality of ban on distilling liquor at homeThe Supreme Court on Monday said it will consider the constitutionality of a nearly 160-year-old federal ban on distilling liquor at home.CBS News · 19 Oct, 14:52

In this story: Supreme Court · Hobby Distillers Association · Congress · United States

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