Nix v. Hedden the respondent and found that the tomato should be classified under the customs regulations as a vegetable, based on the ways in which it is used, and the popular perception to this end. Justice Horace Gray, writing the opinion for the Court, stated that: Justice Gray, citing several Supreme Court cases ("Brown v. Piper," 91 U.S. 37, 42, and "Jones v. U.S.," 137 U.S. 202, 216) stated that when words have acquired no special meaning in trade or commerce, the ordinary meaning must be used by the court. In this case dictionaries cannot be admitted as evidence, but only as
The Constitution is not a suicide pact Bill of Rights into a suicide pact." Justice Arthur Goldberg wrote the court's opinion in the 1963 U.S. Supreme Court case "Kennedy v. Mendoza-Martinez". While the court ultimately determined that laws permitting stripping draft evaders of their citizenship on the basis of a perceived existential threat to the nation were unconstitutional, Goldberg acknowledged the "not a suicide pact" argument, writing: "The powers of Congress to require military service for the common defense are broad and far-reaching, for while the Constitution protects against invasions of individual rights, it is not a suicide pact." In 2006, Judge Richard Posner of the United