This is an archived snapshot of W3C's public bugzilla bug tracker, decommissioned in April 2019. Please see the home page for more details.
Very useful: E:javascript an E element when javascript enabled E:not(:javascript) an E element when javascript disabled
It seems that you need to raise this against http://www.w3.org/TR/selectors4/ I can't really imagine a reason why this would need to go into the HTML specification.
Actually, this belongs to Media Queries, since the CSSWG is planning to handle it there. (It's not testing a quality of the element, but of the document environment.)