Felix Frankfurter

“ There is, however, a persuasive reason why the federal court's power to stay state court proceedings might have been restricted when a private party was seeking the stay but not when the United States was seeking similar relief. The statute is designed to prevent conflict between federal and state courts. This policy is much more compelling when it is the litigation of private parties which threatens to draw the two judicial systems into conflict than when it is the United States which seeks a stay to prevent threatened irreparable injury to a national interest. ”

“ It is always difficult to feel confident about construing an ambiguous statute when the aids to construction are so meager, but the interpretation excluding the United States from the coverage of the statute seems to us preferable in the context of healthy federal-state relations. ”

“ In interpreting the general language of the Norris-La Guardia Act, the Court relied heavily on 'an old and wellknown rule,' albeit a rule of construction, 'that statutes which in general terms divest pre-existing rights or privileges will not be applied to the sovereign without express words to that effect.' 330 U.S. at page 272, 67 S.Ct. ”