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.

Former Penn State assistant football coach Jerry Sandusky appeared in court remotely Tuesday where he said he agreed with his lawyers not to go forward with testimony from an accuser who wants to recant allegations that Sandusky sexually abused him years ago.

The hearing was part of the latest bid by Sandusky's lawyers to secure a new trial for him as his lawyers prepare to go to federal court to seek a new trial after failing repeatedly in state courts.

In court, Sandusky, 82, appeared on a video screen in a spare room in Laurel Highlands state prison, seated at a small table in a maroon-colored shirt looking up at the camera through glasses.

Under questioning, he told Centre County Judge Maureen Skerda he had consulted with his lawyers about the decision not to present the accuser's testimony recanting the allegations from Sandusky's 2012 trial.

"I'm making this decision on advice of counsel," Sandusky said, his arms on the table in front of him, a notepad between them. "Is there anything wrong with that?"

Sandusky, 82, has been serving a decades-long prison sentence since he was convicted of 45 counts of sexual abuse in 2012, after eight young men testified about what happened to them as boys.

Sandusky's lawyer, Jerry Russo, told reporters later that state courts frown on granting new trials based on a witness recantation, seeing it as "inherently unreliable."

Instead, Russo said, he plans to take Sandusky's broader claims for a new trial to federal court — Sandusky's made at least three attempts in state courts — after one more procedural appeal in state court.

Last year, Sandusky's lawyers had asked for a new trial, claiming there were inconsistencies in the accusers' testimony and that their testimony was driven by the possibility of financial gain, coaching by prosecutors and "therapy intended to (help) them reconstruct memories of alleged abuse."

Skerda months ago had refused to hear the claims, except for the recantation of the victim identified in court documents as R.R.

On Tuesday, Russo suggested that it wasn't worth taking the time for the judge to hear and consider the recantation testimony if it has no chance to win a new trial in a state court.

"If that's the only issue that remains for us to litigate, there's no purpose being served litigating it here in state court," Russo said.

Skerda told Russo and Sandusky that withdrawing the request to present the recantation from the accuser, identified in court documents as R.R., meant that it could not be litigated again in state or federal court.

Russo agreed with that assessment, saying "technically" it is true, but also suggested that the recantation could find its way into federal court, saying that "there are other witnesses that can testify" about R.R.'s recantation.

The Pennsylvania Office of Attorney General had said the supposed recantation was "highly suspect" and said it had prepared to rebut the recantation claim with testimony from six witnesses and other evidence.

In a statement, Attorney General David Sunday called Sandusky a "convicted child predator" and said he is making another attempt to "avoid accountability and escape punishment for years of abuse he perpetrated."

Sandusky was the defensive coordinator at one of the country's top football programs under Hall of Fame head coach Joe Paterno. The scandal led to Paterno's firing, and the university paid more than $100 million to people who said they were abused by Sandusky.

Authorities said he found and groomed boys at The Second Mile, a charity he founded for at-risk youth. Sandusky has repeatedly declared his innocence.

R.R., who was 25 years old at trial, testified that when he was 11, Sandusky sexually abused him in the coach's basement in 1998, a transcript shows.

A federal judge refused on Friday to block the Trump administration from taking steps to build 62 miles of international border wall along part of a Native American tribe’s reservation without its consent.

U.S. District Judge Richard Leon in Washington, D.C., denied the Tohono O’odham Nation’s request for a court-ordered halt to border wall construction on its 2.8-million-acre reservation. Leon ruled the tribe hasn’t established that a border wall will change its reservation boundaries without congressional authority.

The judge also rejected the tribe’s claim that the planned border wall would illegally trespass on its reservation.

“And in any event, I find that the Government’s interests in securing the border, enforcing immigration laws, and ensuring public safety outweigh any surviving irreparable harms at this juncture,” Leon wrote.

The tribe released a statement late Friday strongly disagreeing with the decision.

“Too many critical issues were not adequately addressed, such as inevitable impacts construction will have on the Nation’s land and the permanent destruction of sacred sites,” Tohono O’odham Nation Chairman Verlon M. Jose said. “The Nation will consider all possible options for moving forward, as this issue is simply too important to the O’odham.”

The O’odham reservation in the Sonoran Desert in Arizona abuts 62 miles of the Mexico border. The tribe has over 37,000 members, including thousands who live in Mexico.

Building the border wall would led to “significant devastation” on the reservation, including the destruction of mountain peaks that are sacred to the O’odham, tribe attorneys said.

“It would fray the ties between O’odham communities and families on opposite sides of the border, interfere significantly with O’odham religious rituals and practices, and destroy plant and animal resources sacred to the O’odham,” the lawyers wrote.

In 1907, President Theodore Roosevelt issued a proclamation reserving a 60-foot strip of public land along the U.S.-Mexico border for a buffer zone called the “Roosevelt Reservation,” which was formed a decade before the reservation’s establishment.

Tribe attorneys say it is “fanciful at best” to suggest that border wall construction can be confined to a 60-foot-wide corridor. During a July 22 hearing, Leon appeared to be skeptical that U.S. laws tip in favor of the tribe’s bid for a preliminary injunction, calling it an “extraordinary” request. Leon, who was nominated to the bench by Republican President George W. Bush, said he couldn’t find a previous court ruling under comparable circumstances.

Moderate Democrat David Crowley won the Wisconsin primary for governor, defeating a democratic socialist who fell short while trying to deliver another win for progressives in a battleground state.

Crowley, the Milwaukee county executive, is vying to become Wisconsin's first Black governor and pitched himself as the candidate best positioned to win in November against Republican U.S. Rep. Tom Tiffany, who is endorsed by President Donald Trump.

Crowley narrowly defeated democratic socialist Francesca Hong, who was hoping to ride the wave of recent victories by progressive candidates, including Abdul El-Sayed in neighboring Michigan's U.S. Senate race last week.

El-Sayed's win was the movement's first major success in a purple state. It also fed fears in the party's leaders that such candidates, farther afield and often carrying political baggage of past stances such as defunding the police, would struggle to beat Republicans and imperil the party's hopes of recapturing control of the U.S. Senate and U.S. House.

Crowley didn't address supporters Tuesday night but was expected at a unity event later Wednesday.

"Now, David is focused on bringing people together, earning the support of Democrats, Republicans, Independents, and anyone who believes Wisconsin is at its best when we work together and deliver results," Crowley's campaign manager Garren Randolph said in a statement.

Hong's loss in Wisconsin may have doused the momentum, but it's far from snuffing it out. A democratic socialist coming close to victory in a battleground state sends a clear message: There's unignorable angst among the party's voters.

"We have built something that will change politics forever," Hong told supporters as the outcome of the race hung in the balance late Tuesday. "The work we have done will be remembered forever. I know we don't have the final results right now, but what I do know is we are ready to keep fighting."

Her campaign manager Becky Cooper said after Hong conceded that she was "proud of the race we ran."

"Our team campaigned clean, our souls are intact and we really made meaningful change for the progressive movement," she said.

The Associated Press declared Crowley the winner once Hong's concession removed the possibility of a recount in the exceptionally close race.

Hong could have requested a recount since Crowley's margin of victory was less than 1 percentage point. But because it was wider than 0.25 points, Hong's campaign would have had to pay for it.

Sanders and other top progressives stayed out of the Wisconsin race

Progressives had wanted to notch a clear win, but national progressive leaders, most notably Vermont Sen. Bernie Sanders and U.S. Rep. Alexandria Ocasio-Cortez, sat out the race and did not endorse.

The movement is not entirely aligned. Not all candidates are democratic socialists or have endorsements from Sanders, but they are often tilling similar voter anger with politics and the party: over military aid to Israel, the amount of money wielded in campaigns, the Trump administration's immigration raids and the high cost of daily life.

In New York City in the June primary elections, two democratic socialist candidates and a progressive came out on top, booting two Democratic incumbents from Congress in the process. All three were backed by the city's mayor, Zohran Mamdani, himself a democratic socialist who framed the upsets as a question of electing "better Democrats."

Democrats in Wisconsin are hoping to capitalize on low approval ratings for Trump in a state he won in 2016 and 2024 to retain control of the governor's office and flip both chambers of the Legislature to earn full control of Wisconsin state government for the first time since 2010.