10 May 21

Polka-Bob the Tomato is here to celebrate the historic Supreme Court decision (known as Nix v. Hedden) in 1893, declaring that the tomato is a vegetable, not a fruit. The distinction was important for customs declarations and import taxes. Justice Horace Gray, delivering the unanimous decision, wrote: “Botanically speaking, tomatoes are the fruit of a vine, just as are cucumbers, squashes, beans, and peas. But in the common language of the people, whether sellers or consumers of provisions, all these are vegetables which are grown in kitchen gardens, and which, whether eaten cooked or raw, are, like potatoes, carrots, parsnips, turnips, beets, cauliflower, cabbage, celery, and lettuce, usually served at dinner in, with, or after the soup, fish, or meats which constitute the principal part of the repast, and not, like fruits generally, as dessert.” Thus, the Court concluded, a tomato was a vegetable. (I'm quoting from the kentlaw.iit.edu Web site.)