The Supreme Court agreed on Monday to consider whether Congress had the constitutional authority to impose a ban on distilling spirits in private homes more than 150 years ago.

Plaintiffs challenging the prohibition on home distilling claim the 1868 law is an antiquated relic of Reconstruction-era politics. They argue that Congress overstepped its taxation powers when it enacted the home distilling ban as part of a tax reform measure designed to curb fraud by commercial distillers.

Government attorneys counter that Congress properly restricted where spirits can be distilled to prevent producers from evading federal excise taxes. They warn that lifting the ban would violate Supreme Court precedent and erode congressional powers.

  • partial_accumen@lemmy.world
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    2 days ago

    The 2026 realist in me is trying to figure out how this turns into a big juicy bone for the existing entrenched industry players.

    The distilled spirits law was from 1868. Other “Reconstruction era” laws passed, that could be targets:

    • 1868, the 14th Amendment to the Constitution guaranteeing birthright citizenship, due process under the law, equal protection
    • 1866, Civil Rights Act of 1866 was the precursor to the 14th Amendment. The Civil Rights Act protected formerly enslaved people.

    We know modern Republicans don’t like either one of these things and think they should be abolished.

    • Fredselfish@sh.itjust.works
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      2 days ago

      So this is the true reason they are willing to hear this case. If they can use this to overturn a law that we can almost all agree to, then they think they can make these easier too.

      Because bullshit on government argument that they don’t want over turn Supreme Court president. They do that shit all the time.