Supreme Court to review 1868 federal ban on home distilling

The Supreme Court agreed Monday to hear Department of Justice v. McNutt, a challenge to an 1868 law banning distilling spirits at home. Violating the ban carries up to five years in prison and a $10,000 fine. The 5th Circuit ruled the ban unconstitutional in April, while the 6th Circuit upheld it in a separate case, prompting the Supreme Court review. Plaintiffs argue Congress exceeded its taxing powers; the government says the law prevents tax evasion.