Conservatives in Congress want to downsize government including the federal judiciary. Most particularly, these folks want to get the federal judiciary out of the daily lives of our citizens, and they also want to empower the states to function without federal judges mucking with state law. If the conservatives who are behind this movement are intellectually honest then there is a real easy way to begin accomplishing that task. Moreover, this easy way won’t gut the ability of the federal judiciary to function in those spheres that even conservatives agree are proper.
Congress could do away with diversity jurisdiction. Sure, that would mean that some corporations would find themselves in “hell holes” where judges and juries are overly sympathetic to plaintiffs. On the other hand, there are many other jurisdictions that are not particularly plaintiff-friendly. For example, Nebraska doesn’t allow punitive damages for plaintiffs in most cases.
Diversity jurisdiction for the federal courts once made sense. No so anymore. I would be happy to trade diversity jurisdiction for an end to (or even a lessening of) judicial sequestration. And, even if that trade-off were not possible, ending diversity jurisdiction would allow the federal judiciary to concentrate its reduced resources on federal questions that really matter.* This is a “conservative” idea that intellectually honest legislators of all stripes could embrace.
*Why in the hell should I know the slightest thing about the comparative negligence law of Nebraska?