Fruits continue to ripen after they’re picked. Vegetables don’t.

Fruits have seeds.  (Making a seedless grape a non-fruit?)

Tomato Trivia:

Despite technically being a fruit, tomatoes were legally declared to be vegetables by an 1893 Supreme Court decision.  The Supreme Court was ruling on the matter because vegetables like tomatoes being imported into the US were subject to a 10% tariff, but “fruits” were not.  Tomato importers argued they should not have to pay the tax because their product was a fruit.  The Court acknowledged they were scientifically correct, but ultimately ruled against them stating that “in the common language of the people,” tomatoes are “considered vegetables.”

How’s that for judicial activism!  Consider a hypothetical murder case: “The evidence proves your innocence, but the common people think you’re guilty.  The Court finds you guilty as charged.”

Ugh.

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