Supreme Court Takes Up the HDA Home Distilling Case

The home distilling case is officially going to the Supreme Court.

On October 19, 2026, the United States Supreme Court agreed to hear Department of Justice v. McNutt, the case involving the Hobby Distillers Association and its individual plaintiffs. The federal government requested this review after the Fifth Circuit Court of Appeals ruled in favor of HDA and the individual plaintiffs.

For me, this is personal. In addition to running Brewhaus, I founded the Hobby Distillers Association under Brewhaus and am one of the individual plaintiffs in the case. Many of you have followed and supported this effort for years, so I wanted to explain where things stand and what this means for our hobby.

What Is the Case About?

Federal law prohibits a distilled spirits plant from being located in a home or in : “any shed, yard, or inclosure connected with” a home

The government argues that this prohibition helps it collect taxes on distilled spirits. The challenge is whether Congress’s authority to collect taxes actually gives it the constitutional power to impose that prohibition.

The Fifth Circuit ruled that the prohibition exceed Congress’s authority under its taxing power and the Necessary and Proper Clause. The Supreme Court will now review that question.

Our goal through HDA has always been to give responsible adults a legal path to hobby distilling. Challenging the home distilling prohibition is an important part of that effort.

Does This Mean Home Distilling Is Now Legal?

No. The Supreme Court has agreed to hear the case, but it has not decided it.

It is understandable to see the headlines and think the prohibition has already been removed. However, accepting the case means the Court will consider the arguments. It does not tell us how the justices will ultimately rule.

There is also an important distinction between removing theprohibitin and legalizing hobby distilling without a permit. This case concerns whether the federal government can ban all distilling in the home. A ruling in our favor would not automatically remove the separate federal registration, permitting, and tax requirements.

While it would be very meaningful progress, there would still be more work ahead before hobby distillers could enjoy the same treatment as home beer and winemakers.

What Happens Next?

The next stages involve written arguments, followed by oral argument before the Supreme Court. The justices will then consider the case and issue their decision.

As of October 26, an oral argument date has not been posted on the Court’s docket.

I would certainly like to give everyone a date when we will have an answer, but we are not there yet. I will share updates here at Brewhaus as the schedule becomes available and the case moves forward.

Why This Matters to Me

Through Brewhaus, I have spent years talking with people who are interested in distilling. Some enjoy the equipment and science. Others are interested in working with different grains, developing recipes, or learning how aging changes a spirit.

These are the same kinds of interests that draw people to making beer and wine. I believe responsible adults should have a legal way to pursue them.

That belief is why I started HDA and became involved in this case. Reaching the Supreme Court is a significant milestone, although the outcome remains to be decided.

I appreciate everyone who has supported the effort, and The Buckeye Institute for representing HDA and the individual plaintiffs throughout this challenge.

If you would like to learn more about the association or support its work, visit the Hobby Distillers Association website.

For those who have been following along through Brewhaus, thank you. I look forward to sharing the next update.

Rick Morris