Supreme Court · Tuesday, October 20, 2026
Supreme Court takes the home-still case and a school case
The File desk · Oct. 20, 2026, 6:44 a.m. ET
Confirmed2 primary sources
Status
- ConfirmedThe Court granted, on the federal ban on a liquor still in a home.
Legal instrument
Department of Justice v. McNutt, No. 26-204
The Supreme Court agreed on Oct. 19, 2026 to decide whether the federal ban on running a liquor still at home is allowed under Congress's power to tax. A federal appeals court had struck the ban down.
- ConfirmedThe Court granted, limited to one question about school admissions.
Legal instrument
Association for Education Fairness v. Montgomery County Board of Education, No. 26-12
The Supreme Court agreed to hear one question: whether a challenge to a school admissions policy that does not mention race must first show that the group was admitted at a lower rate than its share of applicants.
- ConfirmedThe Court denied. Justice Kavanaugh took no part. It also denied the companion petition of Walid bin 'Atash.
Legal instrument
Mohammad v. United States, No. 26-13
The Supreme Court refused to hear an appeal by Khalid Shaikh Mohammad and other Sept. 11 defendants who wanted 2024 plea agreements restored. The refusal leaves a lower-court ruling in place.
Legal instrument
Department of Justice v. McNutt, No. 26-204
The Supreme Court agreed on Oct. 19, 2026 to decide whether the federal ban on running a liquor still at home is allowed under Congress's power to tax. A federal appeals court had struck the ban down.
Legal instrument
26 U.S.C. § 5178(a)(1)(B)
The federal tax rule that bars a liquor still in a home, or in a shed, yard, or enclosure connected to a home. The government says the ban protects collection of the liquor tax. The Supreme Court agreed on Oct. 19, 2026 to decide whether that ban is allowed.
Legal instrument
Association for Education Fairness v. Montgomery County Board of Education, No. 26-12
The Supreme Court agreed to hear one question: whether a challenge to a school admissions policy that does not mention race must first show that the group was admitted at a lower rate than its share of applicants.
Legal instrument
Mohammad v. United States, No. 26-13
The Supreme Court refused to hear an appeal by Khalid Shaikh Mohammad and other Sept. 11 defendants who wanted 2024 plea agreements restored. The refusal leaves a lower-court ruling in place.
Legal instrument
BMG Rights Management v. Vetter, No. 25-1391
The Court said it lacked a quorum and affirmed the lower court's judgment under 28 U.S.C. § 2109. Justices Sotomayor, Gorsuch, Barrett, and Jackson took no part.
Legal instrument
28 U.S.C. § 1
The statute the Supreme Court cited on Oct. 19, 2026 when it said it lacked a quorum in BMG Rights Management v. Vetter. Four justices took no part.
Legal instrument
28 U.S.C. § 2109
When the Supreme Court cannot hear a case because it lacks a quorum and the qualified justices say the case cannot be heard next term, this statute tells the Court to affirm the lower court's judgment, with the same effect as a tie.
How we know
Notes
- 1.Supreme Court order list, Monday, Oct. 19, 2026 (610 U.S.), read for this edition. https://www.supremecourt.gov/orders/courtorders/101926zor_q8l1.pdf “26-204 DEPT. OF JUSTICE, ET AL. V. SCOTT McNUTT, ET AL. The petition for a writ of certiorari is granted.” “26-12 ASS'N FOR ED. FAIRNESS V. MONTGOMERY CTY. BD. ED., ET AL. The petition for a writ of certiorari is granted limited to the following question: Whether a plaintiff challenging a facially neutral admissions policy as racially discriminatory must establish that the targeted racial group suffered an aggregate disparate impact relative to its share of the applicant pool.” “26-13 MOHAMMAD, KHALID S., ET AL. V. UNITED STATES The petition for a writ of certiorari is denied. Justice Kavanaugh took no part.” “25-1335 bIN 'ATASH, WALID V. UNITED STATES” is in the denied list. “25-1391 BMG RIGHTS MANAGEMENT, ET AL. V. VETTER” : the Court “lacks a quorum, 28 U. S. C. §1,” and “the judgment is affirmed under 28 U. S. C. §2109.” Justices Sotomayor, Gorsuch, Barrett, and Jackson took no part. Travis McMichael's denial is a separate crime brief.
- 2.Question presented, , No. 26-204, read for this edition. https://www.supremecourt.gov/docket/docketfiles/html/qp/26-00204qp.pdf The ban, “in any dwelling house” or “in any shed, yard, or inclosure connected with any dwelling house,”
Legal instrument
Department of Justice v. McNutt, No. 26-204
The Supreme Court agreed on Oct. 19, 2026 to decide whether the federal ban on running a liquor still at home is allowed under Congress's power to tax. A federal appeals court had struck the ban down.
, has been “in effect for 160 years.” The Fifth Circuit held the location restrictions exceed Congress's powers, “in direct conflict with” the Sixth Circuit. Lower court No. 24-10760. Decision below 173 F.4th 204. The question sheet doesn't print an April 10, 2026 date. The politics desk recorded that date from a lower-court docket note. It isn't stated as a fact above. Montgomery County question is the order list's, not a separate sheet this desk quotes beyond the order.Legal instrument
26 U.S.C. § 5178(a)(1)(B)
The federal tax rule that bars a liquor still in a home, or in a shed, yard, or enclosure connected to a home. The government says the ban protects collection of the liquor tax. The Supreme Court agreed on Oct. 19, 2026 to decide whether that ban is allowed.
- 3.Petition in , as summarized by the politics desk from https://www.supremecourt.gov/DocketPDF/26/26-13/412744/20260605145253276_Petition%20for%20Writ.pdf The petition says the defendants signed plea agreements in July 2024 and that Lloyd Austin withdrew from them. D.C. Circuit No. 25-1009, July 11, 2025, sided with the government. This pass read the order list, not the petition PDF. The plea history is the desk's morning read of that petition.
Legal instrument
Mohammad v. United States, No. 26-13
The Supreme Court refused to hear an appeal by Khalid Shaikh Mohammad and other Sept. 11 defendants who wanted 2024 plea agreements restored. The refusal leaves a lower-court ruling in place.
What is still unknown or disputed
- The order list doesn't set argument dates. The next argument session begins Nov. 2.
- The Montgomery County order doesn't name which schools or programs are in the case.
- Statements from the Sept. 11 defendants' families weren't fetched.
Primary sources
Every claim in this story is drawn from the documents below. If a fetch failed, that is recorded on the card.
Source 1
Order list, Oct. 19, 2026
Supreme Court of the United States · October 19, 2026
The petition for a writ of certiorari is granted in
and, on one question, inLegal instrument
Department of Justice v. McNutt, No. 26-204
The Supreme Court agreed on Oct. 19, 2026 to decide whether the federal ban on running a liquor still at home is allowed under Congress's power to tax. A federal appeals court had struck the ban down.
. The petition inLegal instrument
Association for Education Fairness v. Montgomery County Board of Education, No. 26-12
The Supreme Court agreed to hear one question: whether a challenge to a school admissions policy that does not mention race must first show that the group was admitted at a lower rate than its share of applicants.
is denied.Legal instrument
Mohammad v. United States, No. 26-13
The Supreme Court refused to hear an appeal by Khalid Shaikh Mohammad and other Sept. 11 defendants who wanted 2024 plea agreements restored. The refusal leaves a lower-court ruling in place.
https://www.supremecourt.gov/orders/courtorders/101926zor_q8l1.pdf
Source 2
Question presented, No. 26-204
Supreme Court of the United States · October 19, 2026
Whether the prohibition on the production of distilled spirits in any dwelling house, 26 U.S.C. 5178(a)(1)(B), is necessary and proper to Congress's power to lay and collect taxes.
https://www.supremecourt.gov/docket/docketfiles/html/qp/26-00204qp.pdf
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