The Aporia
Birle, J. (2026, October 19). Supreme Court takes up challenge to 160-year-old ban on distilling alcohol at home. Washington Examiner. https://www.washingtonexaminer.com/news/supreme-court/4770411/supreme-court-challenge-ban-home-distilling-alcohol/
Birle, Jack. “Supreme Court takes up challenge to 160-year-old ban on distilling alcohol at home.” Washington Examiner, 19 Oct. 2026, https://www.washingtonexaminer.com/news/supreme-court/4770411/supreme-court-challenge-ban-home-distilling-alcohol/.
Birle, Jack. “Supreme Court takes up challenge to 160-year-old ban on distilling alcohol at home.” Washington Examiner, October 19, 2026. https://www.washingtonexaminer.com/news/supreme-court/4770411/supreme-court-challenge-ban-home-distilling-alcohol/.
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The Supreme Court has agreed to review a 160-year-old federal law banning distilling alcohol at home, with oral arguments expected later this term. The case stems from challenges brought by both Scott McNutt and members of the Texas-based Hobby Distillers Association, arguing the ban is an overreach of Congress’s power under the Constitution. Government attorneys argue that the prohibition prevents evasion of federal excise taxes on commercial distilling. Two circuit courts have issued conflicting rulings: the Fifth Circuit found the ban unconstitutional, while the Sixth Circuit upheld it. The case could potentially strike down a Reconstruction-era law, sparking debate over congressional authority and tax regulations.