Supreme Court Agrees to Hear a Challenge to the 1868 Federal Ban on Making Whiskey at Home

You can brew beer and make wine at home. Make a small batch of whiskey and you could face a federal felony. The Supreme Court has agreed to look at that.

The justices said Monday they will review a Reconstruction-era law from 1868, originally passed to fight liquor tax evasion, that bars home distilling. Under federal law the penalties can reach five years in prison, a $10,000 fine and forfeiture of property, Fox News reports.

The challenger. John Ream, an Ohio brewery owner and former aerospace engineer, wants to distill small amounts for his own use. He is represented by the Buckeye Institute, whose president, Robert Alt, told Fox News Digital, "This is a real opportunity for both whiskey and freedom."

The legal question. Alt says it comes down to the scope of congressional power: can Congress's authority to collect taxes also let it ban a lawful activity inside someone's home? Two appeals courts split. The 5th Circuit struck the restriction down, finding the taxing power did not justify it. The 6th Circuit upheld it as a permissible way to enforce liquor taxes. The Justice Department says the ban prevents tax evasion and protects revenue; it declined to comment to Fox.

The argument from the challengers. Alt says a ruling for the government could open the door to limits on other private hobbies, and he named gardening and working on cars as examples. He said the founders "would be rolling over in their graves" at making this a felony, and noted George Washington distilled at home. He says his clients would pay taxes on what they make.

What happens next. No argument date is set. Alt expects arguments in late February or early March and a decision by the end of June. If the government wins, the law stays, though Congress could still change it.