The Supreme Court said Monday it'll consider if Congress had the constitutional authority to ban distilling spirits in homes in 1868. Plaintiffs’ attorney Robert Alt says the Founding Fathers would be “rolling over in their graves” to learn the hobby has "been turned into a federal crime.”

A divided three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit found there’s a substantial public interest in disclosing the material congressional Republicans demanded.