Supreme Court to decide legality of federal ban on distilling liquor at home

October 19, 2026 / 9:52 AM EDT / CBS News

Supreme Court to decide legality of federal ban on distilling liquor at home

TL;DR

  • The Supreme Court will consider the constitutionality of a 160-year-old federal ban on distilling liquor at home.
  • The law, enacted in 1868, prohibits home distillation for personal use and imposes criminal penalties for violators.
  • The ban was implemented to prevent tax evasion by commercial distillers, who faced high taxes on spirits.
  • A federal district court and the 5th Circuit Court of Appeals have previously questioned the ban's constitutionality, arguing it exceeds Congress's taxing powers.
  • The case, brought by the Hobby Distillers Association, argues the prohibition infringes on Congress's enumerated powers.