A Tennessee appeals court has ruled that Nashville’s Metro Council can be reduced from 40 members to 20, a controversial move that critics argue undermines local control and targets the city for political reasons.
In a 2-1 decision issued June 3, the Tennessee Court of Appeals reversed a lower court ruling that had blocked the law, which was passed by the state legislature in 2023. That law, though written to apply to all metropolitan governments, would affect only one entity: Nashville.
The ruling reignites a legal and political battle over the size of the city’s legislative body, which has remained unchanged since voters approved the formation of a consolidated city-county government more than six decades ago.
“At its most fundamental level, this case represents a power struggle between state government and local government,” Judge J. Steven Stafford wrote in the majority opinion, joined by Judge Carma Dennis McGee.
The law mandates that councils in consolidated metropolitan governments be capped at 20 members. Nashville’s Metro Council currently has 40 members and is the third-largest local legislative body in the country, behind only New York City and Chicago.
Though the law was broadly framed, Nashville is the only metropolitan government in Tennessee that exceeds the new limit. Bill sponsors acknowledged at the time that Nashville would be the only municipality affected.
Vice Mayor Angie Henderson, who oversees Metro Council operations, criticized the ruling and its implications for local self-governance.
“The Home Rule Amendment of the Tennessee Constitution, in part, stands for the proposition that the size of the Metro Council is a decision for the voters of Metro Nashville,” Henderson said in a statement. “I am disappointed that today’s Court of Appeals decision failed to respect the will of our voters.”
Metro Nashville sued the state shortly after the law passed, arguing it violated both the Home Rule Amendment and the Exemption Clause of the state constitution. A lower court initially agreed, siding with the city.
But the appellate court rejected that interpretation, claiming the law applies broadly to any consolidated government, now or in the future, even though only Nashville currently qualifies.
“We are understandably disappointed and concerned about the ruling’s implications on local sovereignty,” said Allison Bussell, associate director of law for Metro. “But we are also encouraged by Judge Armstrong’s compelling dissent. We are digesting the ruling and considering our options.”
Judge Kenny Armstrong, the lone dissenter, argued that the Exemption Clause protects metropolitan governments from council size limits below 25 members. The majority, however, interpreted the clause as only exempting such governments from a specific 25-member cap in Article VII of the state constitution—not from future legislation.
The Tennessee Attorney General’s Office, which defended the law, praised the outcome. “This is a solid win to limit the size of government,” the office said in a statement, crediting Solicitor General Matt Rice and former Senior Assistant Solicitor General Philip Hammersley for their work on the case.
Republican lawmakers who supported the law framed it as a necessary reform to make government more efficient and responsive.
“This action reins in excessive government growth while ensuring local municipalities across the Volunteer State remain accountable,” said House Majority Leader William Lamberth, the bill’s sponsor. “Republicans will continue to cut waste at all levels of government.”
However, critics argue the law was political payback after Nashville’s Metro Council rejected a proposal to host the 2024 Republican National Convention, and say it’s part of a broader pattern of state interference in city affairs.
Metro officials now face a decision on whether to appeal to the Tennessee Supreme Court, which would be the final arbiter in the case. For now, the future of Nashville’s 40-member council (and the precedent this ruling sets for local autonomy across the state) remains uncertain.
