The Supreme Court Will Hear a Challenge to the Federal Home-Distilling Ban. Here's Where Things Stand.
Updated November 3, 2026. This is a fast-moving case; we'll update this post as the Court acts. In September we wrote about the Fifth Circuit ruling that held the federal ban on distilling at home unconstitutional , and about a bill in Congress that would change it . Since then, the case has moved to the top of the system. On October 19, 2026, the Supreme Court agreed to hear the government's appeal in Department of Justice v. McNutt , No. 26-204. Here's what that means, and what it doesn't. What the Court will decide The Court took the question the government asked: whether the ban on distilling spirits "in any dwelling house" or "in any shed, yard, or inclosure connected with any dwelling house" is "necessary and proper for carrying into execution Congress's enumerated power to lay and collect taxes". In plain terms: Congress can tax liquor. Can it also ban distilling at home as a way of making sure that tax gets collected? No ...