Making whiskey at home could land you in prison, but Supreme Court may change that

The US Supreme Court will review a federal law that prohibits people from distilling spirits at home, even in small quantities for personal use. The case will test whether Congress can rely on its power to collect taxes to ban an activity in someone’s home, with implications for the limits of federal authority.

The 1868 law was introduced to combat liquor tax evasion and carries penalties of up to five years in prison, a $10,000 fine and possible property forfeiture. Two federal appeals courts have disagreed: the 5th Circuit struck the restriction down, while the 6th Circuit upheld it as a way to enforce liquor taxes; the Justice Department says it helps protect federal revenue. The Supreme Court has not scheduled arguments, but a decision could come by the end of June.