Supreme Court to Review 1868 Ban on Home Distilling
The Supreme Court has agreed to review a Reconstruction-era law from 1868 that bans distilling spirits in private homes. Challengers argue the law is an outdated relic and that Congress overstepped its constitutional authority.
Fort Smith Fayetteville Springdale Rogers, AR, October 19, 2026 —
The Supreme Court has agreed to review a federal law dating to 1868 that bans distilling spirits in private homes. The case will bring the Reconstruction-era measure before the court, though the available information does not identify the parties challenging it or say when the justices will hear arguments.
The challengers contend that the law is an outdated relic. They also argue that Congress exceeded its constitutional authority when it enacted the measure. The summary of the dispute does not provide further detail about the challengers’ legal reasoning or identify the constitutional provisions at issue.
The court’s decision to review the law means the justices will consider the dispute. No outcome has been reported, and the information provided does not specify what action the challengers are seeking or whether the court will consider questions beyond the law’s validity.
The law is described as dating from 1868 and as prohibiting distilling spirits in private homes. No additional details were provided about its enforcement, the circumstances that led to the challenge, or how the lower courts handled the case. The case name, the challengers’ identities and the government’s position were also not provided.
Until the court issues a decision, the summary offers no indication of how the justices may rule. The central reported dispute is whether the 1868 prohibition can stand in light of the challengers’ claims that it is obsolete and that Congress acted beyond its constitutional authority.
Story summarized from the original created by MICHAEL KUNZELMAN, Associated Press on www.nwahomepage.com, see more information here.
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