Tomato avocados, and squashes of all kinds (such as zucchini and pumpkins) are all botanically fruit, yet cooked as vegetables. This has led to legal dispute in the United States. In 1887, U.S. tariff laws that imposed a duty on vegetables, but not on fruit, caused the tomato's status to become a matter of legal importance. The U.S. Supreme Court settled this controversy on May 10, 1893, by declaring that the tomato is a vegetable, based on the popular definition that classifies vegetables by use—they are generally served with dinner and not dessert ("Nix v. Hedden" (149 U.S. 304)). The holding
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