HomeDistiller.net

An independent guide to the law and history of home distilling in America

DOJ v. McNutt: Supreme Court case tracker

The Supreme Court will decide whether the federal ban on stills in homes is constitutional. This page follows the case filing by filing.

Status as of October 31, 2026

The case in one minute

In 2023 the Hobby Distillers Association and four of its members sued over the 1868 law that bans distilleries in homes. A federal judge in Texas ruled for them in July 2024, and the Fifth Circuit agreed on April 10, 2026. Eleven days later the Sixth Circuit upheld the same ban in a separate case brought by an Ohio brewer, John Ream. With the appeals courts split, the government asked the Supreme Court to step in.[4,5,6] The full background is on where the law is heading.

The question the Court will answer

"Whether the prohibition on the production of distilled spirits in particular locations, including 'in any dwelling house' or 'in any shed, yard, or inclosure connected with any dwelling house,' 26 U.S.C. 5178(a)(1)(B), is necessary and proper for carrying into execution Congress's enumerated power to lay and collect taxes."[7]

Only the taxing power is at issue. The government did not defend the ban under the Commerce Clause on appeal.[4]

The parties

SideWhoLawyer of record
Petitioners (asking the Court to reverse)U.S. Department of Justice; Alcohol and Tobacco Tax and Trade BureauD. John Sauer, Solicitor General
Respondents (defending the win)Scott McNutt and the Hobby Distillers Association; also Rick Morris, Thomas O. Cowdrey III and John Prince IIIAndrew M. Grossman, Baker & Hostetler

Sources: the Supreme Court docket and the petition's list of parties.[1,4]

Docket timeline

DateFiling or event
Aug 14, 2026Government files its petition for review.[4]
Sep 17, 2026McNutt and the association file their brief in opposition.[8]
Sep 23, 2026Government files its reply; the case is sent to the justices' October 9 conference.[9,1]
Oct 13, 2026Sent to the October 16 conference.[1]
Oct 19, 2026Petition granted.[1]
Dec 3, 2026Due: government's brief on the merits (Rule 25.1, unless extended).[2]
+30 daysDue: respondents' brief on the merits (Rule 25.2).[2]
+30 daysDue: government's reply brief, and no later than 10 days before argument (Rule 25.3).[2]
Early 2027Expected: oral argument.[3]
By early July 2027Expected: decision.[3]

Key documents

The companion case: Ream v. Treasury

John Ream asked the Court to review his Sixth Circuit loss in July 2026 (No. 26-93). The Court took the government's case instead and has neither granted nor denied Ream's petition.[10,11] The Court often holds a related petition until it decides the main case.

What the decision could mean

These are general possibilities, not predictions or legal advice.

Updates

Sources

  1. Docket No. 26-204: Department of Justice v. McNutt Supreme Court of the United States, petition granted October 19, 2026
  2. Supreme Court Rule 25: Briefs on the Merits: Number of Copies and Time to File Legal Information Institute, Cornell Law School
  3. Supreme Court agrees to consider federal ban on home distilleries SCOTUSblog, October 2026
  4. Petition for a writ of certiorari, DOJ v. McNutt (appendix includes the Fifth Circuit and district court opinions) Office of the Solicitor General, August 14, 2026
  5. McNutt v. U.S. Department of Justice, No. 24-10760 (opinion) U.S. Court of Appeals for the Fifth Circuit, April 10, 2026
  6. Ream v. U.S. Department of the Treasury, No. 25-3259 (opinion) U.S. Court of Appeals for the Sixth Circuit, April 21, 2026
  7. Question presented, No. 26-204 Supreme Court of the United States
  8. Brief of respondents Scott McNutt, et al. in opposition, No. 26-204 Supreme Court of the United States (docket), September 17, 2026
  9. Reply of petitioners United States Department of Justice, et al., No. 26-204 Supreme Court of the United States (docket), September 23, 2026
  10. Docket No. 26-93: Ream v. Department of the Treasury Supreme Court of the United States, petition filed July 20, 2026
  11. SCOTUS To Hear Our Case Hobby Distillers Association (a party to the case), October 20, 2026
  12. Fifth and Sixth Circuits Divided on Whether the Necessary and Proper Clause Authorizes Federal Ban on At-Home Spirit Distilling (LSB11459) Congressional Research Service, updated August 26, 2026
  13. H.R. 10157, Freedom to Home Distill Act (introduced text) U.S. Government Publishing Office, August 27, 2026