23XI Racing and Front Row Motorsports are now facing the possibility of losing their charter status within the next seven days, after the Fourth Circuit Court of Appeals denied their request to rehear the antitrust-related charter dispute.
The deadline is approaching fast: if no new legal development happens in their favour, 23XI and FRM could lose their charter privileges by July 16, just before the Cup Series race at Dover on July 20. That would force them to compete as open teams, without guaranteed race entries or financial backing.
The denial of a full court rehearing means the previously granted preliminary injunction—which allowed 23XI and FRM to continue racing as chartered teams—will now expire in a week. Without the injunction, their status defaults to open entries. Open teams must qualify on speed and aren’t guaranteed a place in the starting grid, especially when more than 40 cars attempt to enter. On top of that, they receive a much smaller share of prize money and lack the financial guarantees that come with a charter.
Jeff Gluck reported the news about the deadline via his official X handle. He wrote,
As of now, the next step for 23XI Racing and Front Row Motorsports remains unclear. The teams are locked in a legal standoff with NASCAR, stern on their refusal to sign the new charter agreement introduced last fall. While 13 other Cup Series teams accepted NASCAR’s terms, 23XI and FRM rejected the deal, choosing to challenge it through an antitrust lawsuit instead.
This week’s court decision was another blow. The initial injunction granted in early June was overturned later that month by a three-judge panel. On June 20, the teams pushed back by requesting a rehearing before the entire Fourth Circuit panel, looking to restore the protection the injunction offered. But on July 9, that request was denied.
If the charter status does expire on July 16, 23XI Racing—which fields cars for Tyler Reddick and Bubba Wallace—will need to qualify at Dover as an open entry. The same goes for FRM, whose three entries could now be vulnerable to missing races altogether.
Charter Expiry Deadline Puts 23XI Racing’s Cup Series Future in Jeopardy, 23XI lawyer comments
Michael Jordan’s NASCAR team 23XI Racing and Front Row Motorsports are now facing a week-long countdown with major consequences. Following the Fourth Circuit Court of Appeals’ denial of their request to rehear the case regarding NASCAR’s charter system, the preliminary injunction that had protected their charter rights is now set to expire.
In response to Jeff Gluck's tweet, team attorney Jeffrey Kessler issued a statement addressing the court’s decision but reaffirming the team’s commitment to the larger legal fight. Kessler said,
"We are disappointed by the Fourth Circuit Court of Appeals decision to deny our request for a full rehearing. This decision has no bearing on the strength of our antitrust case, which we look forward to presenting at trial. We are committed to racing this season as we continue to fight for more competitive and fair terms for all teams to ensure the future of the sport, and remain fully confident in our case."
The court’s ruling, and its seven-day expiration window, now puts 23XI and Front Row in an urgent and precarious position. Until a trial begins on December 1, both teams may need to survive week-to-week, battling for qualifying spots without the cushion the charter system gives them
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