The NASCAR charter fight has entered a critical phase. NASCAR recently filed a motion for summary judgment in its antitrust battle with 23XI Racing and Front Row Motorsports, bringing forth declarations from prominent team owners who are defending the charter system’s legitimacy. Meanwhile, the lawsuit’s December 1 trial date looms large, and the legal skirmishing is intensifying in public view. And at the heart of the clash, Denny Hamlin is taking no prisoners in his rebuttal.

Hamlin has responded sharply to NASCAR’s motion and accusations. He has framed himself not as a rebel but as someone ready to spotlight who really has the power in this fight. However, with input pouring in from fellow drivers and team owners, it’s clear this battle is far from finished, and has left Hamlin and 23XI feeling betrayed.

Brad Keselowski affirms NASCAR’s position on his participation in other series

Brad Keselowski’s new legal declaration puts a spotlight on a simple but consequential fact for the current dispute: “As a successful driver, I love competing in all sorts of motorsports. I was approached by a short-track series called Superstar Racing Experience (SRX) about driving in SRX races. SRX was a series composed of stock vehicles that raced on short tracks in America. Unlike many motorsports series, including the Cup Series, there were no separately owned teams in SRX. Instead, SRX owned all cars, directly hired drivers, and provided the pit crews.” That sentence, filed under penalty of perjury and published as part of the exhibits to the ongoing litigation, reads like the hinge on which several arguments swing.

“I raced in the entire SRX series season (six races) in 2023 while continuing as a co-owner of, and driver for, a Cup Series team. NASCAR did not prohibit my participation in the SRX series,” he continued. The declaration is particularly poignant because it directly contradicts the practical and perceived restrictions NASCAR has historically placed on its drivers, especially regarding rival or “lower-level” series.

While NASCAR has official rules that limit Cup Series drivers with more than a few years of experience to only 5 starts each Xfinity and Truck Series, the rules regarding truly outside ventures like SRX are often less codified but heavily influenced by corporate relations.

SRX, founded by NASCAR Hall of Famers Tony Stewart and Ray Evernham, is a direct, albeit small, competitor in the motorsports entertainment space. Keselowski‘s full-time participation in the 2023 SRX season, where he finished tied for 2nd in the championship standings, running races at tracks like Stafford Motor Speedway and Eldora Speedway, is cited to prove NASCAR’s alleged lack of monopolistic control over a driver’s contractual obligations and outside business.

Other instances of outside racing, such as the famous, though brief, participation of Jeff Gordon and Tony Stewart in the International Race of Champions series, were usually either done with the tacit blessing of the sanctioning body or were an internationally-sanctioned event. But Keselowski wasn’t the only defendant of the charter system; NASCAR team owners like Richard Childress and Roger Penske also added their statements.

Richard Childress addressed that, given the difficult business model and financial realities that Cup Series team owners navigate, charters have become vital to sustaining team value and stability. “The charter system has helped create long–term equity value and has allowed for team equity value to grow. Without charters, the team ownership model is unsustainable. That is why I remain committed to finding a mutually agreeable solution that will provide permanent charters to all charter holders,” said Childress.

While Roger Penske emphasized his confidence in NASCAR’s model, saying his “belief in the value of the NASCAR Charter system” was reaffirmed through years of experience since its introduction in 2016. Drawing inspiration from it, he revealed, “I decided to create a Charter-type system in IndyCar. In 2024, the NTT INDY CAR SERIES and all teams racing full-time in IndyCar entered into a charter agreement effective for the 2025 season.” This, he cited, was the reason that brought value to the series.

With big-name figures now entering the charter dispute and opposing what Front Row Motorsports and 23XI Racing have long advocated for, tensions in the paddock are reaching a boiling point. But Denny Hamlin isn’t willing to back down.

Denny Hamlin fires back as NASCAR’s charter war takes a legal turn

Before the NASCAR lawsuit ever hit the courts, the race teams shared a singular demand: permanent charters. For more than 2 years, the Race Team Alliance pushed for them, emphasizing that without charters, long-term sponsor trust and economic stability were at risk. However, NASCAR blindsided teams by introducing a new charter deal with a short deadline, sidestepping those concerns. That’s when Michael Jordan and Denny Hamlin of 23XI Racing refused to sign and filed a lawsuit that would shake the sport’s foundations.

In its defense, NASCAR went on the offensive. The sanctioning body accused 23XI Racing of trying to destroy the sport itself, quoting in a motion for summary judgment. Greed or bruised ego over failing to fulfill promises made to other teams cannot justify an attempt to dismantle an entire institution. The jab came after Judge Kenneth D. Bell warned that the charter model could look different even if the system survives. This triggered anger among Cup teams reliant on those charters, prompting 9 team owners to demand an urgent resolution, a move NASCAR used as ammunition against Hamlin.

Taking to social media, Denny Hamlin clapped back using NASCAR attorney Christopher Yates‘ own words: “NASCAR would be perfectly fine going back to that pre-charter model.” His caption: “In case you’re wondering who threatened the system.” Meanwhile, 23XI’s attorney Jeffrey Kessler dismantled NASCAR’s claims, asserting that Jordan and Hamlin’s team supported charters because teams cannot survive without them. He added, “We are confident NASCAR’s summary judgment motion is not going to succeed. This lawsuit has always been about making NASCAR more competitive and fair for the benefit of drivers, sponsors, teams, and fans who love the sport.”