23XI Racing and Front Row Motorsports are in danger of losing their charters in the coming days due to a denied request by the Fourth Circuit Court of Appeals.
On Wednesday, the Fourth Circuit Court of Appeals denied the request from the two teams to have their case reheard by the entire appeals panel. This followed a three-judge panel -- Judge Niemeyer, Judge Agee, and Judge Thacker -- ruling in favor of NASCAR and overturning a preliminary injunction previously granted by Judge Kenneth D. Bell.
MORE: Denied request ruling
The preliminary injunction forced NASCAR to allow 23XI Racing and Front Row Motorsports to run as chartered teams throughout the 2025 season. With the request denied, the two teams could lose their combined six charters after seven days. This means that they would become Open teams before the race weekend at Dover Motor Speedway.
What is the biggest change? Open teams earn less money from the prize purse than those with charters. Additionally, these entries would be in danger of missing an event on the NASCAR Cup Series schedule if more than 40 cars showed up for qualifying.
The Cup Series is not like the Xfinity Series. The owners' standings do not have an impact on qualifying. It's just the fastest Open entries that take the remaining spots in the 40-car field.
The other potential fallout from the denied request is the status of specific drivers in the team lineups. Jeffrey Kessler, lead attorney for 23XI Racing and Front Row Motorsports, said on multiple occasions that drivers such as Tyler Reddick could depart if not in a chartered car.
Additionally, Kessler indicated that the teams could be in danger of losing some sponsors if they lost charters.
"We are disappointed by the Fourth Circuit Court of Appeals decision to deny our request for a full rehearing," Kessler said in a statement. "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."
What happens to the six charters in seven days after the Fourth Circuit Court of Appeals denied the request? That answer remains unclear. NASCAR has not said if it will redistribute the charters or if only 30 cars will be chartered entries until the antitrust lawsuit trial begins on Dec. 1.
Further questions remain about the two charters from Stewart-Haas Racing. 23XI Racing and Front Row Motorsports each purchased one. These purchases only went through after Judge Bell granted the preliminary injunction.