McNutt v. US Dept of Justice

  1. June 10, 2026

    5th Circ. Rejects US Bid To Revisit Home Distilling Ban

    The Fifth Circuit denied the U.S. government's request for the full court to review a three-judge panel's April opinion finding the tax code's ban on distilling whiskey at home unconstitutional after another appeals court's opposite conclusion affirmed the ban.

  2. May 26, 2026

    US Asks 5th Circ. To Rethink Axing Of Home Distilling Ban

    The U.S. government asked the Fifth Circuit to revisit its April opinion finding the tax code's ban on distilling whiskey at home unconstitutional after another appellate court's opposite conclusion affirmed the ban.

  3. April 13, 2026

    5th Circ. Finds Ban On Home Distilling Unconstitutional

    A federal ban on home distilleries that dates to the early temperance movement violates the U.S. Constitution's limits on congressional taxing power, the Fifth Circuit said in siding with hobbyists, including one who said he wants to experiment with apple-pie vodka recipes in his garage.