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Supreme Court of the United States (SCOTUS) Takes The Buckeye Institute’s Home Distilling Case

Oct 19, 2026

Columbus, OH — The U.S. Supreme Court announced on Monday that it will hear The Buckeye Institute’s monumental case challenging the federal prohibition on home distilling: McNutt v. U.S. Department of Justice.

The U.S. Supreme Court now has a tremendous opportunity to consider the scope and reach of congressional power to regulate activities under the taxing power and the necessary and proper clause.

“Our country’s founders would be rolling over in their graves to learn that a pastime in which even George Washington partook, which is as American as apple pie and certainly a lot older, has quite absurdly been turned into a federal crime,” said Robert Alt, president and chief executive officer of The Buckeye Institute and a lead attorney on the case. “The Buckeye Institute is thrilled that the U.S. Supreme Court took the McNutt case and our clients will have their day in court.”

“This case is important not only for would-be home distillers, but for everyone concerned about the legitimate constitutional limits on the federal government’s authority,” said Andrew M. Grossman, senior legal fellow at The Buckeye Institute, partner in BakerHostetler’s Washington, D.C., office, and counsel of record on the case. “We hope all Americans join us in raising a glass of home-distilled spirits in celebration after the U.S. Supreme Court rules in this David v. Goliath battle for freedom.”

Read more about the case background and stay up-to-date on its progress here: BuckeyeInstitute.org/McNuttvDOJ.

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