The justices will consider the Civil War-era law in early 2027 to decide if it is unconstitutional.
The U.S. Supreme Court has announced that it will review a case surrounding a post-Civil War ban on distilling spirits like bourbon and whiskey in private homes. The federal law, which was passed in 1868, states that spirits may not be distilled “in any dwelling house, in any shed, yard, or inclosure connected with any dwelling house,” and that it is a felony to own a still for producing spirits.
The lawsuit against the ban was originally filed by a distillery association in 2023. A federal court in Texas found that the ban on home distilleries was unconstitutional. The Fifth Circuit Court of Appeals affirmed the ruling in a separate case in April 2026, but the Sixth Circuit Court of Appeals opposed the decision the same month. The federal government requested that the Supreme Court take up the case due to the split circuit rulings.
The Supreme Court is expected to hear oral arguments in early 2027.
As the Lord Leads, Pray with Us…
- For wisdom for the justices of the Supreme Court as they prepare to hear arguments in the case.
- For Chief Justice Roberts to be prudent as he presides over the Supreme Court.
- For the justices as they determine which appeals to add to the docket for the current term.
Sources: SCOTUSBlog, Townhall, MSN, USA Today
