Breaking News- Home Distilling May Head to the Supreme Court!

Could Home Distilling Be Headed to the Supreme Court?

 

Let’s start by making one thing very clear: this is not HDA’s lawsuit.

Some of you may not know that there have actually been two separate court cases fighting the federal prohibition on home distilling:

McNutt v. U.S. Department of Justice, which is our case in the Fifth Circuit

Ream v. U.S. Department of the Treasury, which is in the Sixth Circuit

The Buckeye Institute has been involved in handling both cases, but they are two separate lawsuits with different plaintiffs and, as it turns out, very different results.

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In this short update, I explain what was filed with the Supreme Court, why the Ream case matters, how it relates to HDA’s McNutt case, and what happens next.

For more background on the Ream case, you can read about it here:

https://www.buckeyeinstitute.org/issues/detail/ream-v-us-department-of-treasury

Why Does This Matter to Us?

While we have been successful in our court rulings in McNutt, the plaintiffs in Ream have not had the same outcome.

In our case, the Fifth Circuit ruled that the federal government cannot rely on its taxing power to completely prohibit home distilling.

The Sixth Circuit, however, reached the opposite conclusion in Ream and upheld the federal prohibition.

So now we have two federal circuit courts looking at the same basic issue and coming up with two different answers.

And, apparently, courts have a name for everything.

This is called a circuit split.

In plain English, one federal appeals court says the government cannot use its taxing authority to prohibit home distilling, while another federal appeals court says it can.

You can probably see the problem.

So, What Has Ream Done?

The attorneys in the Ream case have now filed a petition for a writ of certiorari.

That is what those of us who do not speak fluent legalese might call asking the Supreme Court to hear their appeal.

It is important to understand that the Supreme Court is being asked to review only the decision in the Ream case.

HDA’s McNutt case is not part of this petition, and the Supreme Court is not being asked to rule on both cases.

So why does our case matter?

Because the Fifth Circuit’s ruling in McNutt reached the opposite conclusion from the Sixth Circuit’s ruling in Ream. That disagreement created the circuit split the Ream attorneys are now using as one of the reasons the Supreme Court should hear their case.

In other words, McNutt helps demonstrate the legal conundrum, but the case the Supreme Court is being asked to review is Ream.

What Happens Now?

Now the Supreme Court must decide whether it will hear the Ream case.

Filing the petition does not automatically mean the Court will accept it. The justices must first review the request and decide whether the case deserves full briefing and oral argument.

Only a small percentage of cases submitted to the Supreme Court are actually heard.

However, a genuine circuit split is one of the strongest reasons the Court may choose to take a case. After all, having one federal law interpreted differently depending on where you live is not exactly ideal.

Will the Supreme Court agree to hear Ream?

That remains to be seen.

What Does This Mean for HDA?

Today’s filing shows that the effort to restore our freedom to distill at home for personal use continues to move forward.

This is not HDA’s lawsuit, and our McNutt case is not the case being appealed to the Supreme Court.

However, what happens in Ream could still have a major effect on hobby distillers across the country.

If the Supreme Court agrees to hear the case, its eventual decision could resolve the disagreement between the Fifth and Sixth Circuits and establish how the federal law is interpreted nationwide.

For now, our successful Fifth Circuit ruling in McNutt remains separate from the Supreme Court petition filed in Ream.

The Hobby Distillers Association remains committed to advocating for responsible hobby distilling, educating the public, and keeping our members informed as these cases progress.

We will continue to provide updates as new developments occur, and we will explain what each step means in plain language. Because, let’s be honest, court filings are not always written with us commoners in mind.

We Cannot Get There Without You

Court cases are important, but we cannot get there without your support. 

We need your voice.

Every new HDA member strengthens and reinforces the message that Americans want the freedom to responsibly distill at home for personal use.

If you have not already joined HDA, now is a great time.

Even a free membership helps show lawmakers, the courts, the media, and the public that there is real support for this cause.

Together, we can continue working toward a future where hobby distilling is treated no differently than brewing beer or making wine at home.

Rick will be discussing the Ream filing, the circuit split, and what it could mean for all of us in a special edition vlog later today, so check out our YouTube channel for the update:
https://www.youtube.com/@HobbyDistillersAssociation

For now, we wait to see whether the Supreme Court decides to take the case.

And, as always, we will keep you updated.