With the Fourth Circuit Court of Appeals overturning a preliminary injunction granted to 23XI Racing and Front Row Motorsports, the two teams face the prospect of racing without charters. A new court filing has now revealed that they have filed paperwork to race as Open teams for at least the next two weeks.
"Both Plaintiffs have completed the paperwork to race as Open teams at the Dover Race on July 20 and will have a spot in that race. The same is true of the July 27 Indianapolis race," NASCAR's legal team wrote.
MORE: NASCAR's 32-page opposition
Additionally, NASCAR cited public comments from Denny Hamlin and "one 23XI Racing owner" while saying that the two organizations will finish out the rest of the 2025 season as Open teams. "We've always said we're racing no matter what. If we have to race open, we have to race open," the unnamed 23XI Racing owner said, according to NASCAR's documents.
The revelation came to light in a 32-page opposition filed by NASCAR in the Western District of North Carolina.
The primary purpose of the filing was to respond to a temporary restraining order/preliminary injunction request from the two teams, but NASCAR also provided many other pieces of information. This detail about the Open paperwork was included early in the court filing.
Another key part of NASCAR's opposition filing referenced the two teams requesting a preliminary injunction to "maintain the status quo" through the rest of the 2025 season. In the request, the status quo would include keeping them as chartered teams for the rest of the season.
According to NASCAR, the two organizations relinquished their charters last September when they refused to sign the 2025 Charter Agreement.
"The Fourth Circuit was clear that absent the vacated injunction, 'plaintiffs' participation in the Cup Series races would not have been guaranteed because they refused to sign the 2025 Charter Agreement,'" NASCAR's legal team wrote.
"This means that the status quo is Plaintiffs have no Charters and no Charter rights, as this Court recognized. Thus, Plaintiffs' application is entirely based on a false premise: that they do have Charters and may be 'forced to relinquish their charters' absent a TRO' (temporary restraining order)."