High spirits: Supreme Court to decide fate of federal ban on home distilling

NBC News · CBS News, CBS News and The Independent report that the Supreme Court on Monday agreed to decide whether Congress had constitutional authority to forbid distilling spirits at home, a prohibition dating to 1868. The case could end criminal exposure for home distillers; violations carry up to five years in prison and a $10,000 fine, and CBS News adds that a violator's home and belongings can be forfeited.

Two federal appeals courts split on the question. The 5th Circuit sided with members of the Hobby Distillers Association, including Scott McNutt, while the 6th Circuit upheld the ban in a case brought by John Ream, an Ohio brewpub owner. The Independent says the rulings came in April, 11 days apart. Challengers argue Congress overreached its taxing power; Solicitor General D. John Sauer says lawmakers may restrict where taxable production occurs because evasion is easier in a residence. Ream's lawyers say the case raises "fundamental questions of the extent of federal power."

CBS News expects arguments next year and a ruling by late June or early July. NBC News notes winners must still register stills and pay excise tax.

Summarized by PolitiKool from NBC News · CBS News, CBS News and The Independent’s reporting. Read the full story at NBC News · CBS News → Also at CBS News → Also at The Independent →