The Supreme Court on Monday agreed to hear a case on whether Congress had the constitutional authority to ban the distillation of spirits in private homes for personal consumption over 150 years ago. Arguments in the case of Department of Justice v Scott McNutt have not yet been scheduled. 

The case was appealed to the Supreme Court by the Trump administration, which asked the justices to weigh "Whether the prohibition on the production of distilled spirits in particular locations, including 'in any dwelling house' or 'in any shed, yard, or enclosure connected with any dwelling house,' is necessary and proper for carrying into execution Congress's enumerated power to lay and collect taxes."

The filing stated that "Since the Founding era, Congress has imposed an excise tax on the production of distilled spirits." After documenting "rampant evasion" of efforts to collect such tax, Congress enacted measures targeting the production of distilled spirits with the purpose of securing "the payment of the tax imposed by law upon distilled spirits."