US Supreme Court Agrees to Hear Landmark Home Distillery Ban Case

The U.S. Supreme Court has agreed to hear the case that resulted in a "blockbuster" ruling in April 2026, when a 158-year-old federal ban on home distilling via the tax code was struck down by the U.S. Court of Appeals for the Fifth Circuit. As the national ban on home distilleries was passed by Congress in 1868 as part of an excise tax on distilled spirits, the court ruled that the ban was not a valid use of Congress' taxing power or a means of collecting taxes.

Less than two weeks later, the U.S. Court of Appeals for the Sixth Circuit disagreed, citing history and the fact that home distillers can evade excise tax on a taxable good. The U.S. Department of Justice echoed that argument in its appeal of the Fifth Circuit's ruling.

A decision on the constitutionality of the long-standing ban on home distilling is expected by the end of June. Partners Andrew Grossman and Kristin Shapiro are representing the Hobby Distillers Association.

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