NEWARK | Supreme Court to Decide 1868 Federal Ban on Home Distilling That Newark Brewer John Ream Has Fought

Author: FFP Ai Bot

NEWARK — The U.S. Supreme Court has agreed to decide whether Americans can legally distill spirits at home, a fight a Newark, Ohio brewer has spent more than two years pushing through the federal courts.

In orders released Monday, Oct. 19, the justices granted review in Department of Justice v. McNutt, a Texas case over an 1868 federal law that bans stills in homes and in any shed, yard or enclosure connected to a home. Violations can bring fines of up to $10,000, up to five years in prison, or both, SCOTUSblog reported.

The court took the case to settle a split between two federal appeals courts. In McNutt, the 5th U.S. Circuit Court of Appeals struck down the ban. It ruled that while Congress has the power to tax distilled spirits, banning home distilling goes beyond that power because the ban does not raise revenue and actually stops production that could be taxed.

In April, the 6th U.S. Circuit Court of Appeals, which covers Ohio, reached the opposite result in a case brought by John Ream. In a 2-1 decision, that court held the ban is a valid “necessary and proper” way for Congress to protect collection of the liquor tax. The majority opinion traced the law to the post-Civil War era, when a congressional committee found widespread fraud in liquor tax collection.

Ream is a former aerospace engineer who, after years of homebrewing, opened a brewpub near his home in Newark, according to his petition to the Supreme Court. He wants to distill his own spirits. His lawyers, including attorneys with the Columbus-based Buckeye Institute, asked the justices in July to hear his case. The federal government agreed the issue needed to be decided, but asked the court to take McNutt instead, which it did. Ream’s own petition was not the one granted.

The government argues the ban is a reasonable tool to prevent tax evasion, because a still hidden in a home is easier to conceal from inspectors. The challengers in McNutt, including the Hobby Distillers Association, say the case raises basic questions about the limits of federal power.

The justices will likely hear arguments early next year, with a decision expected by late June or early July, according to SCOTUSblog.

The federal tax and permit rules for distilled spirits are administered by the Alcohol and Tobacco Tax and Trade Bureau.

Video: WTHR via YouTube

Sources:
https://www.dispatch.com/story/news/local/2026/10/19/supreme-court-john-ream-challenge-home-distilling-ban-ohio/92333692007/
https://www.scotusblog.com/2026/10/supreme-court-agrees-to-consider-federal-ban-on-home-distilleries/
https://www.supremecourt.gov/qp/26-00204qp.pdf
https://www.supremecourt.gov/docket/docketfiles/html/public/26-204.html
https://www.supremecourt.gov/docket/DocketFiles/html/Public/26-93.html
https://www.opn.ca6.uscourts.gov/opinions.pdf/26a0117p-06.pdf
https://www.ttb.gov/