Just days after losing their hard-fought court battle over charter status, Denny Hamlin and Michael Jordan didn’t flinch. The ruling from the U.S. Court of Appeals meant his team, 23XI Racing, might soon be forced to compete as an open team. That would mean no guaranteed race starts, and far less money from NASCAR’s purse. But Hamlin stood tall. He didn’t blink under pressure. “We’re committed to running this season open if we have to. We’re going to race and fulfill all of our commitments no matter what,” he told reporters after the verdict.

The tone was clear, and Hamlin wasn’t backing down. Instead of wallowing in disappointment, he pledged to keep going, open or not. Running as an open team means you have to qualify on speed each week and only earn a fraction of the money compared to chartered teams. For a top-tier organization like 23XI, co-owned by Hamlin and NBA legend Michael Jordan, it’s a massive financial risk. Yet, Hamlin’s focus was bigger than just dollars. It wasn’t just about 2025, it was about reshaping NASCAR’s future.

By standing up, Hamlin sent a message across the garage: they’re not going to fold quietly. But just when it looked like Hamlin and Front Row Motorsports would race into the storm without a safety net, they made a bold turn. Hours before the final deadline, they filed a petition asking for a rehearing. The court had made its decision, but Hamlin and Co. were not done. They refused to bow down. Now, they’re taking the fight to the next level, head-on, in court once again.

23XI Racing and FRM continue to fight against NASCAR!

On Friday, 20 June 2025, as the deadline crept closer, 23XI Racing and Front Row Motorsports filed a bold petition. They asked the U.S. Court of Appeals for the Fourth Circuit for a rehearing. The petition didn’t just ask for a rehearing with the same judges; it requested that the full panel of judges take another look. Their legal filing called the issue one of “exceptional importance.” They argued the court’s previous ruling got a key question under antitrust law completely wrong.

The filing pulled no punches. “The monopolist here, NASCAR, requires premier stock-car-racing teams to sign a release of antitrust claims as a condition of racing with a charter. Racing with a charter is… the only economically viable way to race,” it read. Denny Hamlin and Michael Jordan’s team, along with FRM, are essentially arguing that NASCAR is protecting its monopoly by forcing teams to give up their right to sue, even when they suspect foul play. That, they say, is unfair and illegal.

Their appeal also pointed out that the court ignored how multiple anti-competitive acts should be looked at together. According to the filing, “The panel’s opinion addressed just one anticompetitive act in isolation… rather than considering whether the Release is anticompetitive when combined with NASCAR’s other anticompetitive acts.” Among these were NASCAR locking up racetracks, enforcing non-competitive clauses, and acquiring rivals. The legal team insisted the court had failed to see the full picture.

After receiving the rehearing request, the US Court of Appeals issued a stay on its previous order. NASCAR insider, Bob Pockrass reported, “As a matter of procedure, the US Court of Appeals issues a stay (a hold) on the reversal of the injunction until the court decides whether there will be a rehearing by the appeals panel or all the 4th circuit judges. If a rehearing, then the stay continues until the decision.” Notably, the hearing over this appeal is scheduled to take place next Tuesday.

But why is this fight so important? Losing the charter could crush both 23XI and Front Row financially. Without it, they won’t get guaranteed spots or a solid cut of the purse money. Earlier filings revealed that without a charter, teams could lose “tens of millions” in revenue. That’s not a setback, it’s a near-fatal blow. Running a top-level Cup Series program without charter money isn’t just hard, it’s unsustainable. The teams believe the charter system is unfairly rigged to favor those aligned closely with NASCAR leadership.

They argue the system forces teams to comply or stay out. Their attorney, Jeffrey Kessler, said, “Our lawsuit is about making NASCAR more competitive and fair. The release provision is just one of many anticompetitive tactics NASCAR has used to preserve its monopoly. We remain fully confident in our case and are committed to racing the full season, regardless of the outcome of this position.” He stated that 23XI Racing and Front Row Motorsports are clear with their goal, even if they had to lose battles to win the war.

However, the 23XI drivers have chosen to stay quiet publicly. Bubba Wallace made it clear he wouldn’t comment directly. “Everything’s great. You know the answer already. You can let Denny [Hamlin] comment on that stuff,” Wallace told reporters at Michigan. His teammate, Tyler Reddick, was equally tight-lipped. “I’m just going to keep doing my part… and continue winning races,” he said. Both focused on racing, leaving the legal battles to Denny Hamlin and Jordan. Meanwhile, NASCAR has fired its own legal salvo, one that may shake up the entire garage.

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NASCAR asks other teams to open their books!

Ahead of 23XI Racing and FRM’s rehearing appeal, NASCAR also filed another set of appeals to the US court. On June 18, the sanctioning body filed a motion demanding that all 13 charter-holding teams not involved in the lawsuit submit their full financial records. This includes information like sponsorship revenue, cost breakdowns, and overall profits. NASCAR claimed this data was crucial to defending itself from antitrust claims. This means teams like Hendrick Motorsports, Team Penske, and Joe Gibbs Racing would have to share their financial data with the court if asked.

Their argument is clear: they need this information to prove that the teams are not suffering under the current system. “Several major components of ‘industry revenues,’ such as team sponsorship revenues, are known only to the individual teams,” the filing stated. NASCAR also insisted it needed cost data to prove that the new Next Gen car reduced expenses, not raised them, as some teams argue. But not everyone is on board. Many teams are furious about this demand. Their concern isn’t just about privacy, it’s about competitive balance.

Revealing sponsor deals could hurt future negotiations. Teams proposed sharing anonymized data with a neutral party, but NASCAR rejected that idea. It wants direct access, even though it promised to keep everything confidential and destroy the documents after the case ends. This sudden shift shocked many in the garage, as previously, NASCAR was one who had asked the court to avoid dragging other teams into the legal battle. Now, the battle isn’t just between Denny Hamlin’s 23XI and NASCAR; it also includes other teams.