Ham Sandwich is live blogging today over at Daily Whackjob, and Ham Sandwich himself has answered some interesting questions posed by readers. Head on over and learn about this exciting candidate for Prince William County Commonwealth’s Attorney!
Here’s one question which I found rather informative:
This one from Cory Chandler:
Do you feel that Nix v. Hedden was rightly decided? Do you consider that the Supreme Court’s ruling is now settled law?
Nix v. Hedden was a landmark case and I do believe that it was correctly decided. When a scientific classification rubs up against the ordinary definition of a word, term or phrase in the application of the law, the court must interpret things using the ordinary definition of that word, term or phrase.
It is clear that Congress intended under the Tariff Act that a tomato was to be considered a vegetable even though it is botanically a fruit since it contains seeds. This whole matter of using ordinary definitions is settled law as exhibited by Sonn v. Maggone, 159 U.S. 417 (1895); Saltonstall v. Weibusch & Hilger, 156 U.S. 601 (1895); and Cadwalder v. Zeh, 151 U.S. 171 (1894). A more recent case in the 2nd Circuit, JSG Trading Corp. v. Tray-Wrap, Inc., 917 F.2d 75 (2d Cir. 1990) continued this tradition.
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