Supreme Court agrees to review long standing home distilling ban

The United States Supreme Court agreed on Monday to consider whether Congress has the constitutional authority to ban home distilling of spirits. The New York Post and the Washington Examiner both report that the high court took up the case to decide if lawmakers overstepped federal powers. [1][3]

The Washington Examiner reports that an orders list released on Monday morning confirmed the high court will hear Department of Justice v. Scott McNutt. Oral arguments are expected later this term. [3]

The New York Post reports that the challenged federal law dates back to 1868 during the Reconstruction era. Plaintiffs claim the statute is an outdated rule passed as part of a tax reform measure to stop fraud by commercial distillers. Government attorneys argue that Congress properly restricted distilling locations to prevent producers from evading taxes. [1]

The Supreme Court of the United States holds ultimate appellate jurisdiction over all federal court cases and state cases concerning constitutional issues. The high court asserted its power of judicial review in 1803, enabling it to invalidate statutes that violate the Constitution. [13]

The court will decide whether to strike down the long standing prohibition, which the Washington Examiner notes could invalidate rules established over a century ago. [3]