Supreme Court To Review Constitutionality Of Near 160-Year-Old Ban On Home Distilleries
By Danielle
The Supreme Court has agreed to rule on the constitutionality of an 1868 federal law that prohibits distilling spirits, such as whiskey, at home.
“The penalties for violating the law include fines of up to $10,000, five years in prison, or both,” SCOTUSblog stated.
The law also imposes a tax on distilled spirits.
Oral arguments will likely be heard by the justices early next year, with a ruling expected by late June or early July.
More from the Associated Press:
Plaintiffs challenging the prohibition on home distilling claim the 1868 law is an antiquated relic of Reconstruction-era politics. They argue that Congress overstepped its taxation powers when it enacted the home distilling ban as part of a tax reform measure designed to curb fraud by commercial distillers.
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 violate Supreme Court precedent and erode congressional powers.
According to SCOTUSblog, the Hobby Distillers Association, and some of its individual members, filed the lawsuit in 2023.
The U.S. Court of Appeals for the 5th Circuit ruled that the ban on home distilleries violates two provisions of the U.S. Constitution: the taxation clause and the necessary and proper clause.