The Supreme Court will review a challenge to the Reconstruction-era ban on private home distilling of spirits. Currently, Americans can legally brew beer and make wine at home, but distilling whiskey or vodka is a federal crime. This case, Department of Justice v. McNutt, stems from a ruling that found the ban unconstitutional. The ban, enacted in 1868, carries penalties of up to five years in prison and a $10,000 fine. A conflicting ruling from another circuit court argued the ban is necessary to prevent tax evasion. Advocates believe Congress overstepped its authority, while the government maintains the ban is a legitimate tool for tax collection. Both lower courts agreed Congress' taxing power alone doesn't justify the ban. The disagreement lies in whether it's a permissible method under the Constitution's Necessary and Proper Clause. Home distilling of spirits, despite the federal ban, does occur illegally in the U.S. If the Supreme Court overturns the ban, federal and state regulations could still limit home distillation.