The U.S. Supreme Court agreed to review the constitutionality of an 1868 law banning the distillation of spirits at home, punishable by up to five years in prison and a $10,000 fine. Two federal appeals courts issued conflicting rulings on this issue in April, just 11 days apart. The Sixth Circuit upheld the ban in a case involving John Ream, a brewpub owner from Ohio, while the Fifth Circuit ruled in favor of the Texas-based Hobby Distillers Association. Plaintiffs call the law a relic of the Reconstruction era, arguing Congress overstepped its taxing powers. The government argues the ban prevents evasion of federal excise taxes.
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