# Supreme Court to review home distilling ban

> Supreme Court agrees to review 1868 Reconstruction-era home distilling ban.
- Title: Supreme Court to review home distilling ban · New York Post
- Summary: Supreme Court agrees to review 1868 Reconstruction-era home distilling ban. Supreme Court will review whether Congress had constitutional authority to ban…
- Keywords: supreme court, reconstruction era, home distilling, congressional authority, federal excise tax, home distilling ban, news, entertainment, Supreme, Court, review, home
- Source: 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
- Published: 2026-10-19T16:36:01+00:00
- Read time: 1 min
- Topics: supreme court, reconstruction era, home distilling, congressional authority, federal excise tax, home distilling ban, news, entertainment
## Supreme Court agrees to review
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## Plaintiffs claim 1868 law is outdated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
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.
## Key takeaway

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