Supreme Court to review home distilling ban

Supreme Court agrees to review 1868 Reconstruction-era home distilling ban.

Oct 19, 2026

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Supreme Court to review home distilling ban

Supreme Court agrees to review 1868 Reconstruction-era home distilling ban.

In brief

Supreme Court agrees to review 1868 Reconstruction-era home distilling ban. Supreme Court will review whether Congress had constitutional authority to ban home distilling under 1868 Reconstruction-era law. Originally reported by New York Post.

Supreme Court agrees to review

The Supreme Court building in Washington under a blue sky with white clouds.

The Supreme Court agreed on Monday to consider whether Congress had constitutional authority to impose a ban on distilling spirits in private homes more than 150 years ago.

Plaintiffs claim 1868 law is outdated

Plaintiffs challenging the prohibition on home distilling claim the 1868 law is an antiquated relic of Reconstruction-era politics.

Fifth Circuit ruled against ban

Moonshine trickles from a distillation tube into a glass jar.

A Fifth Circuit panel ruled in favor of the Texas-based Hobby Distillers Association, holding that statutory bans on home distilling exceed Congress’ constitutional taxing power.

What matters most

Supreme Court will review whether Congress had constitutional authority to ban home distilling under 1868 Reconstruction-era law.

Read the original on New York Post

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