WASHINGTON (AP) — The Supreme Court agreed on Monday to consider whether Congress had the constitutional authority to impose a ban on distilling spirits in private homes more than 150 years ago.
Plaintiffs challenging the prohibition on home distilling claim the 1868 law is an antiquated relic of Reconstruction-era politics. They argue that Congress overstepped its taxation powers when it enacted the home distilling ban as part of a tax reform measure designed to curb fraud by commercial distillers.
Government attorneys counter that Congress properly restricted where spirits can be distilled to prevent producers from evading federal excise taxes. They warn that lifting the ban would violate Supreme Court precedent and erode congressional powers.
Federal law makes home distilling a crime punishable by a maximum sentence of five years in prison and a $10,000 fine.
Separate challenges to the law divided two federal circuit courts, which issued conflicting decisions in April, only 11 days apart.
A three-judge panel from the Sixth U.S. Circuit Court of Appeals upheld the federal ban in a case brought by John Ream, a brewpub owner from Newark, Ohio, who wants to distill whisky at home for his personal consumption.
A Fifth Circuit panel ruled in favor of different plaintiffs — members of the Texas-based Hobby Distillers Association — and concluded that statutory prohibitions on in-home distilling are outside the scope of Congress’ taxing power under the Constitution.
The Supreme Court agreed to review the Fifth Circuit decision, which was the Justice Department’s preference.
Plaintiffs’ attorney Robert Alt said they are “thrilled” that the Supreme Court agreed to hear the case.
“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,” Alt said in a statement.
Attorneys for the plaintiffs in both cases argue that Congress could ban a broad array of activities inside private homes — including cooking, gardening and remote work — under the government’s interpretation of the 19th century law.
“The importance of this case and the questions it presents could hardly be overstated,” the plaintiffs' lawyers wrote. “It presents fundamental questions of the extent of federal power and the powers reserved to the states and the people.”
Justice Department attorneys said the government’s regulation and taxation on the production of distilled spirits is as old as Congress itself. They noted that Congress outlawed home distilling to prevent those producers from evading taxes or government inspections.
“And because the location restrictions were enacted only after lengthy experience with tax evasion, upholding those restrictions would not open the door to hypothetical laws restricting other conduct lacking that history,” they wrote.
The government says Ream asked the Supreme Court to resolve an “additional question” of whether location restrictions on home distilling exceed the scope of Congress’s power to regulate interstate commerce. But the government urged the high court to avoid that question, saying it wasn’t part of Ream’s case or the government’s current arguments in either case.
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The Supreme Court is pictured Monday, Oct. 5, 2026, in Washington. (AP Photo/Mariam Zuhaib)
NEW ORLEANS (AP) — New Orleans Saints safety Justin Reid said he had trouble sleeping on the team's overnight flight from New York to Paris.
“I’m not in a bad mood about it because you still get to ride that high off of a big-time win,” Reid said Monday, alluding to the Saints' 34-27, Week 6 victory over the Giants on Sunday. "We’re giving ourselves an opportunity here and able to ride on some good vibes.”
After falling behind 10-0, the Saints (2-4) remarkably scored 34 straight points before holding on with a fourth down stop on a pass to the end zone, ending New York's comeback bid.
“The most important thing is that you got the win. This league is measured in wins and losses; it's not measured in scores," Reid said. “We showed up to the plate when we needed to and were able to close out a tough game."
The victory, which stopped a three-game skid, provided some respite from an increasing sense of desperation that had owner Gayle Benson expressing dissatisfaction last week.
The Saints now have a 2-1 record on the road, where their only loss came by a single point in overtime.
Next, they’ll try to take a winning performance in the Big Apple into another in the City of Lights. They’ll serve as the “home” team this coming Sunday in what also is the NFL’s first scheduled regular-season game in France.
France sold its Louisiana territories — named to honor former French king Louis 14th — to the United States in the early 1800s. The fleur-de-lis on the Saints' helmet, as well as similar ones on the flags of New Orleans and Louisiana, resemble what was the primary emblem of French royalty for centuries.
That symbol doesn't always engender pride among modern French citizens. They live in a republic that emerged from the French Revolution in the late 1700s.
But if French spectators opt to root for the “visiting” Pittsburgh Steelers — with whom they're bound to be more familiar, given their eight Super Bowl appearances, and six championships — that might not be such a bad thing for the Saints, considering their form in front of hostile crowds this season.
The Saints' running game, which had been anemic in recent weeks, came alive against the Giants. New Orleans finished with a season-high 175 yards rushing, led by Kendre Miller's 70 yards on 20 carries. Alvin Kamara, CJ Donaldson and quarterback Tyler Shough each also ran for 30-plus yards.
“It was all 11 — physical up front,” Saints coach Kellen Moore said Monday, noting that even receivers did well getting out to block Giants safeties.
“Our running backs ran really, really hard,” Moore said. “We had a good mix there. We've got to continue that. We've got to build on that.”
The Saints have largely done well against the pass this season, but had a rough day against the Giants, who gained 395 yards through the air.
Defensive back Martin Emerson, who grew up about a three-hour's drive east of New Orleans, in the Pensacola, Florida, area. Now in his first season with New Orleans (after his first three in Cleveland), Emerson had his first two interceptions as a Saint.
Kamara's 69 yards from scrimmage included a weaving, 31-yard touchdown on a screen pass that resembled the 31-year-old running back's vintage form.
Rookie guard Jeremiah Wright, a fourth-round draft choice out of Auburn, had his first extended playing time, subbing in on the right side when veteran Cesar Ruiz was injured.
“Proud of him for stepping up and taking advantage of the opportunity," Moore said of Wright. "You never know when your opportunity's going to present itself and you've got to take advantage of it. So, good job by him."
With backup QBs under center for the Giants, Saints cornerbacks Kool-Aid McKinstry and Quincy Riley had a difficult day — perhaps their worst this season — against receivers Malik Nabers (12 catches, 165 yards) and Isaiah Likely (six catches, 99 yards and a TD).
Ruiz left late in the first half against the Giants with a knee injury. ... The Saints still await the debut of their first-round draft choice, Jordyn Tyson, who began the season on injured reserve with a hamstring injury. He has traveled with the team to Paris in the event he is able to return to practice this week.
3:57 — The amount of time off the game clock — from 1:18 left in the second quarter until 12:21 remained in the third — it took for the Saints to turn a 10-0 deficit into a 17-10 lead.
The Saints are spending all week in Paris as they prepare for Sunday's game at the Stade de France. After that, they'll return home on a bye week and return to their recent house of horrors — the Superdome — the week after Halloween, on Nov. 8 against Cleveland.
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New Orleans Saints cornerback Martin Emerson Jr. (22) and Saints safety Justin Reid (21) tackle New York Giants tight end Isaiah Likely (9) during the second half of an NFL football game in East Rutherford, N.J., Sunday, Oct. 18, 2026. (AP Photo/Frank Franklin II)
New Orleans Saints quarterback Tyler Shough (6) looks to pass during the first half of an NFL football game against the New York Giants in East Rutherford, N.J., Sunday, Oct. 18, 2026. (AP Photo/Frank Franklin II)
New Orleans Saints running back Alvin Kamara (41) runs into the end zone for a touchdown during the second half of an NFL football game against the New York Giants in East Rutherford, N.J., Sunday, Oct. 18, 2026. (AP Photo/Adam Hunger)
New Orleans Saints quarterback Tyler Shough (6) hands the ball off to Saints running back CJ Donaldson (43) during the first half of an NFL football game against the New York Giants in East Rutherford, N.J., Sunday, Oct. 18, 2026. (AP Photo/Frank Franklin II)
