Josh Berry’s future in the Cup Series has been hanging in the balance for months. In June, Wood Brothers Racing announced that Jesse Love would replace him on the iconic No. 21 team next season. Then, there were rumors that Richard Childress Racing was considering him for the No. 33 car. Those went out the window when Austin Hill got confirmed, and that, many felt, signalled the end of his time at this level. Now, the silly season has another twist that could hand Berry a lifeline.

Legacy Motor Club is set to make a major change to its driver lineup. John Hunter Nemechek will depart at the end of the 2026 season, as reported by The Athletic’s journalist Jordan Bianchi. Berry is reportedly at the top of the list of replacements.

According to sources briefed on the decision, the team informed Nemechek of the move on Monday. Surprising, because Legacy and Nemechek had recently reached an agreement that would have kept him behind the wheel of the No. 42 Toyota for the 2027 season. That agreement is now no longer expected to move forward.

Nemechek’s departure will bring an end to his three-year stint with Legacy Motor Club. The organization is owned by seven-time Cup Series champion Jimmie Johnson, who has repeatedly emphasized his desire to turn Legacy into a powerhouse.

He has also drawn investment from a star-studded consortium that includes MLB legend Bryce Harper, former IndyCar star Scott Dixon, and former ATP World No. 1 Andy Roddick. The next step is to start competing at the front of the grid consistently. That long-term vision reportedly played a major role in the decision to move on from Nemechek.

The 29-year-old driver has struggled to produce the results needed to push Legacy toward that goal this season. He sits 27th in the Cup Series standings with only one top-five finish and two top-10 results. His previous two full seasons with the organization also failed to produce a major breakthrough. He finished 25th in the championship standings in 2025 after placing 34th in 2024. In 139 career Cup Series starts, he has yet to reach Victory Lane.

The timing also opens the door for Berry. A potential move to Johnson’s Cup Series team would give him another chance to show that he belongs in the sport. If the move falls through, it would be his third full-time team, following Stewart-Haas Racing in 2024 and his subsequent move to Wood Brothers, with whom he won his only Cup Series race in 2025, in Las Vegas.

For Nemechek, meanwhile, the sudden change leaves his 2027 plans uncertain despite previously being expected to remain with Legacy. With the regular season now complete and the Chase about to begin, the silly season has already produced one of its biggest surprises. Nemechek’s next move could now become one of the more closely watched stories of the offseason.

Why Josh Berry makes sense for Legacy

Nemechek currently sits one position ahead of Berry in the Cup Series standings, but the four-point gap does not tell the full story. Berry’s stock has climbed considerably over the past several weeks. With the No. 21 Ford finally showing signs of life after a slow start to the season, more and more voices called for Berry to be given another shot at the Cup Series in 2027.

Former crew chief Rodney Childers even defended Berry’s sacking by bringing up an old Kevin Harvick quote: “You can’t drive a slow car fast.” When the car got faster, Berry’s results automatically improved.

He has recorded top-10 finishes in each of his last five races (Indianapolis to Daytona), producing the team’s longest top-10 streak since 1994. That consistency has come at an important time, with Berry showing the kind of form that can make a driver attractive during the Silly Season.

There is also a major difference in Nemechek and Berry’s overall resumes. Berry has already proven that he can win at the Cup level. He captured his first career Cup victory at Las Vegas in the spring of 2025, giving him experience that Nemechek has yet to match. Berry nearly added another win later that year at New Hampshire. He ultimately finished second to Team Penske’s Ryan Blaney. But the performance showed that his victory was not simply a one-off result.

For Legacy, that combination of recent momentum and previous success could be difficult to overlook. The team is looking for a driver who can help push the No. 42 operation forward along with the No. 43 for Erik Jones, and a third full-time entry. Berry’s current trajectory offers a stronger case than his position in the standings might suggest.

With Nemechek’s future now uncertain and Berry already emerging as the leading candidate, the coming weeks could bring a significant shift for both drivers.