Greg Stohr (Bloomberg Law): Federal Ban on Home Distilling Draws US Supreme Court Review
The US Supreme Court agreed to consider the constitutionality of the federal ban on home distilleries in a clash that will test the power of Congress.
The justices said Monday they will decide whether the 160-year-old criminal prohibition is a legitimate way to ensure the federal government can collect the tax it imposes on distilled spirits. Federal appeals courts are divided on the issue.
The high court opted not to consider a second line of defense for the ban, the argument that it’s authorized as part of Congress’ power to regulate interstate commerce. The piecemeal approach means the Supreme Court’s ruling won’t necessarily be the final word on the law.
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