I'm not the least bit surprised that the editorial board of the New York Times doesn't grasp the distinction between making law and applying law. The reporters and editors of the Times don't grasp the distinction between reporting and editorializing, i.e., between describing and prescribing.
Addendum: The board appears to be saying that Judge Sonia Sotomayor should be confirmed by the Senate, even though we don't know enough about her jurisprudential views. Can you imagine the board saying that about the nominee of a Republican president?
Keith Burgess-Jackson, J.D., Ph.D. 