Supreme Court to review constitutionality of home distilling ban

The U.S. Supreme Court has agreed to hear a case challenging the constitutionality of a federal law that bans the distillation of spirits in private homes. The plaintiffs argue that the 1868 statute is an outdated relic of Reconstruction-era politics and that Congress exceeded its taxation powers when it enacted the ban to curb fraud by commercial distillers.

The legal dispute arose after two federal circuit courts issued conflicting decisions in April. The Sixth Circuit Court of Appeals upheld the ban in a case brought by John Ream, a brewpub owner from Newark, Ohio, while the Fifth Circuit ruled in favor of the Hobby Distillers Association, concluding that the prohibition exceeded Congress's taxing power.

Government attorneys contend that the ban is a proper exercise of congressional authority to prevent producers from evading federal excise taxes. They warn that overturning the law would erode congressional powers and violate Supreme Court precedent, noting that the regulation has been in place for more than 150 years.

Read the full story at The Independent.