23XI, Front Row look set to lose charter status

23XI Racing and Front Row Motorsports could soon lose their NASCAR Cup Series charters after being denied a rehearing on the matter.

The one-page order was issued on Wednesday. It is unclear what comes next, although the injunction is expected to expire seven days after a decision. If so, the three teams from each organization would be competing as Open teams as soon as Dover Motor Speedway (July 20).

Open teams are not guaranteed entry into a NASCAR Cup Series race. The purse money is also significantly less than that of a charter team.

“We are disappointed by the Fourth Circuit of Appeals decision to deny our request for a full rehearing,” said Jeffrey Kessler, the lead counsel for 23XI Racing and Front Row Motorsports. “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.”

On June 20, the two teams requested a rehearing before the entire Fourth Circuit Court of Appeals. This came after a three-judge panel overturned the preliminary injunction granted on June 5, which had been in effect before the season started. The preliminary injunction allowed the teams to race with charter status this season while continuing to pursue litigation.

A trial date for the antitrust case is set for Dec. 1.