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Ream v. U.S. Department of Treasury |
For media inquiries, please contact:
Lisa Gates, vice president of communications
(614) 224-3255 or Lisa@BuckeyeInstitute.org
Background of the Case
Before they were married, John Ream’s wife Kristin gifted him a home brewing kit. Mr. Ream notes, “Brewing was the perfect combination of art and science, and my engineering brain just totally latched onto it.” After experimenting for nearly a decade, Mr. Ream turned that hobby into his own American Dream. The Reams returned to Ohio where they opened Trek Brewing Company in Newark. Their family-owned business quickly grew into a community gathering place that actively supported many local organizations and made the area a better place to live and work.
Now, Mr. Ream would like to try his hand at home distilling—a hobby as American as apple pie and certainly a lot older. Mr. Ream seeks to make small quantities of alcohol in his own home for his personal consumption. Mr. Ream is not undertaking this endeavor haphazardly. He is an aerospace engineer by education and profession, has extensively researched and studied the process, and is prepared to safely and responsibly do so, if and when it becomes legal.
Under current federal law, if he were to distill even an ounce of spirited beverage, Mr. Ream could face felony conviction, $10,000 in fines, up to five years in prison, and the potential seizure of his home.
Mr. Ream respects the law, and—even though he believes the prohibition on home distilling is unconstitutional—he has not yet distilled alcohol (an activity in which even George Washington happily participated), which would render him a criminal. He is prepared to obtain necessary state and federal licenses and pay all applicable taxes when the time comes. In other words, Mr. Ream is more than willing to comply with relevant state and federal laws—after he wins his case and can legally distill at home!
Facts of the Case
Current Status
Petition for writ of certiorari is pending with the U.S. Supreme Court.
Case Number
U.S. District Court for the Southern District of Ohio, Eastern Division: 2:24-cv-00364
U.S. Court of Appeals for the Sixth Circuit: 25-3259
U.S. Supreme Court: No. 26-93
Originally Filed
January 30, 2024
Original Court
U.S. District Court for the Southern District of Ohio, Eastern Division
Plaintiff
John Ream
Lawyers
Robert Alt, president and chief executive officer, The Buckeye Institute
Andrew M. Grossman, senior legal fellow, The Buckeye Institute, and partner, BakerHostetler LLP
Kristin Shapiro, counsel, BakerHostetler LLP
Claims in the Case
The federal prohibition on home distilling exceeds Congressional authority under Article I of the U.S. Constitution and violates the Tenth Amendment.
Related Cases
McNutt v. U.S. Department of Justice
Timeline of the Case
July 20, 2026
The Buckeye Institute files its petition for writ of certiorari with the U.S. Supreme Court in Ream v. U.S. Department of Treasury.
April 21, 2026
The U.S. Court of Appeals for the 6th Circuit issues its decision in Ream v. U.S. Department of Treasury, ruling in favor of the government on the merits but ruling that John Ream does have standing to bring the case. This decision sets up a circuit split between the U.S. Courts of Appeals for the Fifth and Sixth Circuits.
April 10, 2026
The Buckeye Institute files its Rule 28(j) Notice of Supplemental Authority letter informing the U.S. Court of Appeals for the Sixth Circuit, which is hearing Ream v. U.S. Department of Treasury, of the Fifth Circuit’s ruling in McNutt v. U.S. Department of Justice.
January 14, 2026
The Buckeye Institute files its supplemental brief in Ream v. U.S. Department of Treasury in response to the U.S. government’s brief filed on January 7.
January 7, 2026
The U.S. government files its supplemental brief in Ream v. U.S. Department of Treasury.
December 11, 2025
One day after the oral argument in Ream v. U.S. Department of Treasury, the U.S. Court of Appeals for the Sixth Circuit sent a letter to the U.S. government informing them that the three-judge panel “directs the government to file, not later than 5 p.m. on January 7, 2026, a supplemental brief not to exceed 5,000 words, addressing the merits of the plaintiff’s constitutional claims.”
December 10, 2025
The Buckeye Institute delivers its oral argument before the U.S. Court of Appeals for the Sixth Circuit in Ream v. U.S. Department of Treasury, calling upon the court to overturn the federal government’s unconstitutional ban on home distilling.
December 9, 2025
The U.S. Court of Appeals for the Sixth Circuit sends a letter to the U.S. government advising that the three-judge “panel expects to discuss, and the Government should be prepared to address, the merits of the constitutional claims in this case during oral argument on Wednesday, December 10, 2025.”
October 8, 2025
U.S. Court of Appeals for the Sixth Circuit schedules oral argument in Ream v. U.S. Department of Treasury for December 10, 2025, at 1:00 p.m. ET.
September 15, 2025
The Buckeye Institute files its reply brief on appeal with the U.S. Court of Appeals for the Sixth Circuit in Ream v. U.S. Department of Treasury.
July 1, 2025
Five nationally renowned policy organizations and public interest law firms file amicus briefs with the U.S. Court of Appeals for the Sixth Circuit supporting Ream v. U.S. Department of Treasury.
- Americans for Prosperity Foundation’s Amicus Brief
- Cato Institute’s Amicus Brief
- Center for Individual Rights’ Amicus Brief
- Liberty Justice Center’s Amicus Brief
- Southeastern Legal Foundation’s Amicus Brief
- The Buckeye Institute’s Press Release
June 24, 2025
The Buckeye Institute files its opening brief on appeal with the U.S. Court of Appeals for the Sixth Circuit in Ream v. U.S. Department of Treasury.
April 8, 2025
The Buckeye Institute files its notice of appeal with the U.S. Court of Appeals for the Sixth Circuit in Ream v. U.S. Department of Treasury.
March 20, 2025
The U.S. District Court for the Southern District of Ohio issues its ruling dismissing Ream v. U.S. Department of Treasury.
August 28, 2024
The Buckeye Institute files its reply memorandum in support of cross-motion for summary judgment in Ream v. U.S. Department of Treasury.
May 23, 2024
The Buckeye Institute files its brief opposing the government’s motion to dismiss Ream v. U.S. Department of Treasury.
January 30, 2024
The Buckeye Institute files Ream v. U.S. Department of Treasury in the U.S. District Court for the Southern District of Ohio, Eastern Division.
