# U.S. Supreme Court to review 1868 federal ban on home distilling of liquor

> Supreme Court to decide if 1868 home distilling ban violates constitutional authority.
- Title: U.S. Supreme Court to review 1868 federal ban on home…
- Summary: Supreme Court to decide if 1868 home distilling ban violates constitutional authority. U.S. Supreme Court will review legality of 1868 federal ban on home…
- Keywords: u.s. supreme court, home distilling ban, 1868 federal law, constitutional authority, federal tax revenue, circuit courts of appeals, hobby distillers association, technology, startups, Supreme, Court, review
- Source: Honolulu Star-Advertiser — https://staradvertiser.com/2026/10/19/breaking-news/u-s-supreme-court-to-review-1868-federal-ban-on-home-distilling-of-liquor
- Author: Reuters
- Published: 2026-10-19T19:57:00+00:00
- Read time: 1 min
- Topics: u.s. supreme court, home distilling ban, 1868 federal law, constitutional authority, federal tax revenue, circuit courts of appeals, hobby distillers association, technology, startups
## Supreme Court agrees to review
U.S. Supreme Court agreed today to decide the legality of a federal ban on home distilling of alcoholic spirits enacted in 1868.
## Administration defends the law
President Donald Trump's administration is defending the 1868 law against challengers who argue it exceeds Congress's constitutional authority.
## Over a dozen states challenge the ban
More than a dozen Republican-led states have backed legal challenges to the 1868 federal ban on home distilling.
## Supreme Court to hear arguments
The justices are expected to hear arguments in the case and issue a ruling by the end of June.
## 1868 law background
Following the Civil War, Congress banned home distilling to protect federal revenue, with violators facing up to five years in prison and a $10,000 fine.
## Fifth Circuit ruled law unconstitutional
The New Orleans-based Fifth U.S. Circuit Court of Appeals declared the 1868 law unconstitutional, calling it an unnecessary and improper means for Congress to tax.
## Sixth Circuit upheld law's constitutionality
The Cincinnati-based Sixth U.S. Circuit Court of Appeals upheld the law as a necessary and proper means of collecting federal excise tax on distilled spirits.
## Key takeaway

U.S. Supreme Court will review legality of 1868 federal ban on home distilling after lower courts split on its constitutionality.