Home Distilling and the Supreme Court- What Happens Next?

Home Distilling and the Supreme Court: What Happens Next?

Something huge just happened in the fight to legalize home hobby distilling. The federal government has petitioned the U.S. Supreme Court to hear the case.

So, what happens next?

What Just Happened?

If you haven’t been following the proceedings, a lawsuit was filed in 2023 challenging the federal law that prohibits a distilled spirits plant from being located in a residence.

The District Court ruled that the federal prohibition was unconstitutional.

Not surprisingly, the government appealed. The case went before the Fifth Circuit Court of Appeals, which upheld the District Court’s ruling in early 2026.

The government then asked the Fifth Circuit to rehear the case before the full court, but that request was denied.

That left the government with very few options. On August 14, 2026, it petitioned the U.S. Supreme Court to hear the case.

The Supreme Court receives thousands of petitions each year and agrees to hear only a small percentage of them. So, at this point, we do not know whether the Supreme Court will take the case.

Now we wait.

Why This Case May Be Selected

There is another important factor.

A separate challenge to the federal home-distilling prohibition was heard by the Sixth Circuit Court of Appeals, and that court ruled in favor of the government.

That means two federal appellate courts have reached conflicting conclusions involving the federal home-distilling law—a situation known as a circuit split.

Resolving disagreements between federal appellate courts is one of the reasons the Supreme Court may choose to hear a case.

But there are no guarantees. The Court must first decide whether it will hear the case at all.

What Does This Mean for Home Distilling?

Despite the Fifth Circuit ruling, do not assume that home distilling has suddenly become legal in the same way as home brewing and home winemaking.

It hasn’t.

The Fifth Circuit decision addressed the federal prohibition against locating a distilled spirits plant at a residence. It did not eliminate the federal permitting requirements for producing distilled spirits.

That distinction is extremely important.

You still need the appropriate TTB authorization before legally producing distilled spirits. The ruling addressed the challenged federal prohibition on the location of a distilled spirits plant; it did not create an unrestricted right to set up a still and begin producing spirits at home.

The Hobby Distillers Association is a named plaintiff in the case, and HDA members may fall within protections provided by the ruling. Anyone intending to rely on the decision should understand exactly how the ruling applies to their particular circumstances before proceeding.

And federal law is only part of the equation.

State and local laws still apply. Some states have specifically addressed hobby distilling, while others prohibit it or impose their own licensing requirements. Anyone considering distilling must understand and comply with the laws that apply where they live.

Why This Matters for Hobby Distilling

For would-be home hobby distillers, the stakes are enormous.

This is the closest we have ever come to establishing a meaningful legal path for Americans to distill spirits at home.

It is not yet the simple system enjoyed by home brewers and home winemakers. There are permits, state laws and other requirements that still have to be navigated.

But there is now something that did not exist before: a federal appellate court decision rejecting the federal prohibition on constitutional grounds.

And now that fight could reach the Supreme Court of the United States.

There is still a long way to go before home distilling achieves parity with home brewing and winemaking. Brewhaus and the Hobby Distillers Association will continue working toward that goal at both the federal and state levels.

We have never made it this far. Let’s not stop now.

Brewhaus and the Fight for Home Distilling

Brewhaus has been connected to this issue for more than a decade. The Hobby Distillers Association was originally formed by Brewhaus America and Rick Morris to advocate for hobby distillers. HDA later became directly involved in the constitutional challenge to the federal home-distilling prohibition.