

The NASCAR lawsuit is back and buzzing with drama, and this latest update may just be the biggest one yet. So, let’s back it up and understand how we’ve gotten here. The saga kicked off when 23XI Racing, co-owned by Michael Jordan and Denny Hamlin, and Front Row Motorsports, owned by Bob Jenkins, refused to sign NASCAR’s 2025 Charter Agreement, a bold move that shook the grid.
They argued that certain clauses, particularly one preventing teams from suing NASCAR, violated antitrust laws. After filing a federal lawsuit in October 2024, the teams secured a preliminary injunction in December, which allowed them to race as chartered teams for the 2025 season while their case proceeded. This was a lifeline, ensuring their six cars, three per team, including two charters acquired from the now-defunct Stewart-Haas Racing, could compete with the financial and competitive benefits of charter status. But now the plot has thickened, as these charters are up in the air.
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NASCAR lawsuit: 23XI Racing and FRM are up against it
On May 9, 2025, a three-judge panel in the Fourth Circuit Court of Appeals in Richmond, Virginia, heard arguments from both sides. NASCAR’s attorney, Chris Yates, faced off against the teams’ lead counsel, Jeffrey Kessler. The judges, Paul Victor Niemeyer, Steven Agee, and Stephanie Thacker, weren’t buying the teams’ position. On June 5, they revoked the injunction, delivering a sharp rebuke: the teams couldn’t cherry-pick parts of the Charter Agreement they liked while suing over the parts they didn’t. The court’s message was blunt: you can’t have your cake and eat it too.
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Undeterred, 23XI and Front Row pushed back, requesting a rehearing with the entire Fourth Circuit Court of Appeals. That hope was dashed on July 9, when a one-page order denied their request. Now, the clock is ticking. The injunction is set to expire seven days after the decision, meaning the teams could lose their charters as early as July 16. If that happens, their six entries, 23XI’s No. 23 (Bubba Wallace), No. 35 (Riley Herbst), and No. 45 (Tyler Reddick), and Front Row’s No. 4 (Noah Gragson), No. 34 (Todd Gilliland), and No. 38 (Zane Smith) will race as open teams at Dover Motor Speedway.
23XI and Front Row have been denied a rehearing to the injunction reversal. So potentially could lose their charters effective for Dover.
— Bob Pockrass (@bobpockrass) July 9, 2025
Now, what happens to the six charters, including the two from Stewart-Haas Racing, remains a mystery. NASCAR hasn’t clarified whether they’ll redistribute them, reduce the chartered field to 30, or hold them in limbo. However, the implications are massive. Open teams aren’t guaranteed a spot in the 40-car field and must qualify on speed, a risky proposition even if fields rarely exceed 40 entries, and a recent example stung 23XI hard.
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Their part-time open entry with Corey Heim in Chicago last weekend failed to make the race. While DNQs are rare in modern NASCAR, the possibility looms. More critically, open teams earn significantly less purse money, a financial hit that could strain budgets and void sponsor contracts. However, so far, 23XI Racing looks prepared to bear the brunt of this.
Co-owner Denny Hamlin spoke on the possibility of running as an open team last month, saying, “Same as what we said in December is that we’re committed to run this season open if we have to, even before they decided on the injunction. So we’re going to race and fulfill all of our commitments no matter what. We’re here to race. Our team is going to be here for the long haul, and we’re confident of that.”
Meanwhile, 23XI and FRM attorney Jeffery Kessler expressed his disappointment at the hearing being rejected, but reiterated that their antitrust case is still as strong as ever. Kessler released a statement that 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.”
Dover looms as the first real test. The July 20 race could see 23XI and Front Row navigating uncharted waters as open entries, battling not just for position but for their financial survival. The uncertainty adds an extra layer of intrigue to an already stacked weekend at the Monster Mile. Fans are left wondering: Will these teams overcome the odds, or will the loss of charter status clip their wings?
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Dover Motor Speedway to host first summer NASCAR weekend in over 50 years
For the first time in over five decades, Dover Motor Speedway is gearing up for a summer NASCAR spectacle, set for July 18 through July 21. This marks the first July NASCAR Cup Series race at the Delaware track since its inaugural event on July 6, 1969. The weekend promises a full slate of racing, kicking off with the General Tire 150 (ARCA Menards Series) on Friday, followed by the BetRivers 200 (NASCAR Xfinity Series) on Saturday, and culminating with the Autotrader EchoPark Automotive 400 (NASCAR Cup Series) on Sunday at 2 p.m.
Dover, one of just 10 tracks to host over 100 Cup Series races, is pulling out all the stops. The Miles Beach Fan Zone will bring a boardwalk vibe with 600 tons of sand, shaded seating, and a 60-foot-tall rubber duck as the centerpiece. Fans can enjoy food vendors, arcade games, a lighthouse installation, and live music from acts like Mike Hines & the Look and The Spazmatics. A fireworks show on Saturday night at 9 p.m. adds to the family-friendly appeal, with lower ticket prices and free parking from Thursday to Saturday.
The Cup Series race is the main event, drawing stars like Denny Hamlin, who won at Dover in 2024, and Kyle Busch, the active driver with three victories at the track. Other big names like Chase Elliott, Alex Bowman, Brad Keselowski, and Kyle Larson will also battle it out. Charitable initiatives, like Laps for Charity supporting Delaware kids’ programs, round out a weekend that’s as much about community as it is about speed.
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However, before we roll into Dover, there is still one more road course at Sonoma this week, so get your picks in as the road course aces like Michael McDowell and Tyler Reddick would be eager to cash in ahead of the playoffs.
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Will 23XI Racing's bold legal stand against NASCAR redefine the future of the sport?