Tomatoes and the force of law

This last week my home state of New Jersey made the tomato the official state vegetable [NB: this is the same state that named an NJ Turnpike rest stop after Vince Lombardi].  But isn’t the tomato a fruit?  In defense of its action, the state cited an 1887 U.S. Supreme Court ruling that tomatoes were subject to tariffs on vegetables.  Supposedly tomatoes can qualify as a vegetable because they are served with dinner and not as dessert.

Here is the link.  I believe the blog is by Craig Newmark’s daughter, it is worth a look.