Jackson, J., dissenting
usual equitable analysis, there is no good reason for one. And, in reaching this result, the Court concludes for the first time that an interlocutory appeal about one matter (arbitrability) bars the district court from proceeding on another (the merits). That logic has such significant implications for federal litigation that the majority itself shies away from the Pandora’s box it may have opened.
I see no basis here for wresting away the discretion traditionally entrusted to the judge closest to a case. I respectfully dissent.
I
Congress did not impose the mandatory-general-stay rule that the majority adopts today.
Start with the governing statute. Congress addressed the kind of interlocutory appeals at issue here in 9 U. S. C. §16—the section of the Federal Arbitration Act it enacted to govern “Appeals.” 102 Stat. 4671 (amending the Federal Arbitration Act, 9 U. S. C. §1 et seq.). Section 16 provides that “[a]n appeal may be taken from” specified orders and decisions, and “an appeal may not be taken from” others. The appeals that §16 authorizes include interlocutory appeals of orders denying requests for arbitration. §§16(a)(1)(A)–(C).
But nowhere did Congress provide that such an interlocutory appeal automatically triggers a general stay of pre-trial and trial proceedings. As the majority opinion admits, §16 never even mentions a stay pending appeal. Ante, at 3.
Even beyond that, related provisions confirm that Congress imposed no mandatory general stay in §16 appeals. “Where Congress includes particular language in one section of a statute but omits it in another section of the same Act, it is generally presumed that Congress acts intentionally and purposely in the disparate inclusion or exclusion.” Nken, 556 U. S., at 430 (alterations and internal quotation marks omitted). Congress did that here—twice.
