Why is it so hard for people—even (especially?) intelligent, highly educated people—to distinguish between law and politics? It’s the job of Congress, not the courts, to make policy. It’s the job of courts to interpret, apply, and enforce Congress’s political judgments. The editorial board of The New York Times criticizes the Supreme Court for not making policy. Note that in the final paragraph of the editorial opinion, the board urges Congress to amend Title VII. This shows that at some level, the board knows that it’s a matter for Congress, not the Supreme Court. Or maybe the board doesn’t give a damn whose job it is to make policy, as long as the “right” policy gets made. To progressives, the end justifies the means.