The Aporia
Associated Press. (2026, October 19). Supreme Court agrees to review a Reconstruction-era ban on distilling spirits in private homes. New York Post. https://nypost.com/2026/10/19/us-news/supreme-court-agrees-to-review-a-reconstruction-era-ban-on-distilling-spirits-in-private-homes/
Associated Press. “Supreme Court agrees to review a Reconstruction-era ban on distilling spirits in private homes.” New York Post, 19 Oct. 2026, https://nypost.com/2026/10/19/us-news/supreme-court-agrees-to-review-a-reconstruction-era-ban-on-distilling-spirits-in-private-homes/.
Associated Press. “Supreme Court agrees to review a Reconstruction-era ban on distilling spirits in private homes.” New York Post, October 19, 2026. https://nypost.com/2026/10/19/us-news/supreme-court-agrees-to-review-a-reconstruction-era-ban-on-distilling-spirits-in-private-homes/.
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The Supreme Court announced on October 19, 2026, that it will hear a challenge to a 160-year-old federal law prohibiting home distillation of alcohol. The court agreed to review Department of Justice v. Scott McNutt and possibly strike down the ban, which plaintiffs argue is an outdated restriction beyond Congress’s constitutional taxing powers. Government attorneys contend that the ban prevents tax evasion by commercial distillers. Two federal circuit courts previously issued conflicting rulings on similar challenges in April 2026, setting the stage for the Supreme Court to clarify its stance on the constitutionality of this long-standing prohibition.