Supreme Court agrees to review federal ban on distilling spirits in private homes

Under the federal law, people caught distilling in their home face a maximum sentence of five years in prison and a $10,000 fine.

Published: October 19, 2026 10:50am

The Supreme Court on Monday agreed to review an antiquated relic of Reconstruction-era politics that bans distilling spirits in private homes. 

Plaintiffs filed a lawsuit challenging the 1868 law, arguing that Congress overstepped its taxation powers when it enacted the bar as part of a tax reform measure intended to stop fraud by commercial distillers. 

Attorneys for the government argue that Congress had the authority to restrict where spirits can be distilled as a means to prevent producers from skirting federal excise taxes. Lifting the ban, the government's attorneys argue, would violate Supreme Court precedent and reduce congressional powers, the Associated Press reported. 

Under the federal law, people caught distilling in their home face a maximum sentence of five years in prison and a $10,000 fine. 

 

 

 

 

 

The Facts Inside Our Reporter's Notebook

Just the News Spotlight

Support Just the News