Supreme Court

Trump Administration Urges SCOTUS To Uphold Federal Ban on Distilling Liquor at Home

The justices will decide the case later this term.

Damon Root | 10.20.2026 7:00 AM

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The U.S. Supreme Court's 2026–2027 term just got a whole lot boozier. On Monday, the justices agreed to hear arguments later this year or next in the case of Department of Justice v. McNutt. At issue is whether the 1868 federal ban on distilling liquor at home is unconstitutional because it exceeds the lawful regulatory power of the federal government. If any modern Supreme Court case ever deserved its own drinking game, this one is it.

You’re reading Injustice System from Damon Root and Reason. Get more of Damon’s commentary on constitutional law and American history.

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In April, the U.S. Court of Appeals for the 5th Circuit found the federal ban on home distilling to be unconstitutional because Congress lacked the proper authority to issue such a ban in the first place. It was not a........

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