I wouldn't say that, it's more that the CSSOM doesn't try to preserve comments, which is a perfectly reasonable thing to do. I think most uses cases for modifying CSS that care about comments (e.g. auto-formatters?) would need parsers that return the full CST anyway.
I see. I was under the impression that you were saying the "mistake" from the post was wrong in its premise. But I guess that's incorrect, rather you think that people shouldn't use the CSSOM for use cases when comments matter, and instead they ought to design their own parsers/representations.
Just curious: do you feel the same about HTML? Should HTML allow comments in more places? I can imagine alternate ways to represent an HTML document that could capture comments within attribute lists, etc (and the DOM could exclude them entirely).