The U.S. Supreme Court said Monday it will decide whether Americans can legally make whiskey, bourbon and other spirits at home, taking up a Texas case in which a federal appeals court threw out the long-standing ban.
The court's order list for Oct. 19 shows the justices granted the Justice Department's petition in *Department of Justice v. McNutt*. SCOTUSblog reported that argument is likely early next year, with a ruling expected by late June or early July.
What the law does
The challenged law, which SCOTUSblog dates to 1868, taxes distilled spirits and also bars people from running a still in their home. Violators can face a fine of up to $10,000, up to five years in prison, or both.
The Hobby Distillers Association, a nonprofit, sued in 2023 along with some of its members who want to distill at home. The Center Square identified Scott McNutt, whose name is on the case, as a Texas resident.
How the courts split
The 5th U.S. Circuit Court of Appeals sided with the hobbyists. According to SCOTUSblog's summary, the panel found that Congress may tax liquor but that a flat ban on home stills raises no revenue and in fact stops production that could be taxed.
The court also rejected the argument that the ban is a valid way to prevent tax evasion, warning that such reasoning would leave Congress' taxing power without limits.
The Justice Department asked the high court in August to reverse that ruling. Its lawyers argued that Congress targeted home stills because a distiller working in a house or an attached building can more easily hide an operation and avoid inspections, and with them the tax.
