NASCAR has filed a motion opposing 23XI Racing's and Front Row Motorsports' request for a preliminary injunction, indicating that it could cause "irreparable harm" to the 2026 Cup Series due to the time required for new teams to prepare for the season.
The 34-page document, which NASCAR filed late Monday night, featured multiple reasons why NASCAR opposes the preliminary injunction that would allow the two organizations to race under the Charter Agreement.
MORE: NASCAR Motion to Oppose
MORE: Steve Phelps Declaration
One line item, in particular, said that a preliminary injunction would prevent existing teams from bidding on the two Stewart-Haas charters that 23XI Racing and Front Row Motorsports previously purchased. NASCAR also said the preliminary injunction would prevent it from working with organizations that want to enter the Cup Series.
"There are many eager potential entrants who want to obtain Charters, including organizations from other motorsports who recognize the value that NASCAR offers and want to help grow the sport for the betterment of fans, media partners, tracks, NASCAR, and Charter Teams," NASCAR stated in Monday's motion to oppose.
"To be ready for the first race of the 2026 Season -- those potential entrants need to arrange their businesses now, and cannot delay until 2026. Accordingly, the Court should deny Plaintiffs' Motion, so that the 2026 Cup Series is not irreparably harmed."
Late last night, NASCAR filed its motion to oppose preliminary injunctions for 23XI Racing and Front Row Motorsports. @bobpockrass and @jeff_gluck have detailed explanations of those on their feeds.
A couple items of note from the Steve Phelps declaration:
1. The "Goodwill… pic.twitter.com/Q8OzipV56l— John Newby (@JohnNewby_) August 19, 2025
Judge Kenneth D. Bell previously granted the two teams a preliminary injunction that kept them chartered through the end of the 2025 season. However, the Fourth Circuit Court of Appeals overturned the injunction. 23XI Racing and Front Row Motorsports have raced as open teams since mid-July.
NASCAR Commissioner Steve Phelps also provided an 11-page declaration as part of the filing, which he used to address the potential of new teams joining the Cup Series. He said that he has personally spoken to multiple interested parties, who would bring "innumerable" opportunities to the sport.
The document available to the public came in a heavily redacted form, so it hid the identities of the interested parties who want to acquire charters. It also hid the ways that they could benefit NASCAR.
Phelps also said that new charter holders would have to begin preparing for the 2026 season no later than Oct. 1, 2025. If the Court waits until after the December trial to determine "the fate" of the six charters, teams would not have time to prepare for the upcoming season.
"I understand that the trial is not likely to conclude until the second or third week of December 2025," Phelps said.
"New owners would require more time than that to adequately prepare for the first race of the 2026 season at Bowman Gray on February 1, 2026 or the most significant race of the season--the Daytona 500--scheduled for February 15, 2026."
This legal battle, which began last September when 23XI Racing and Front Row Motorsports filed an antitrust lawsuit, has featured both sides claiming they will suffer irreparable harm based on the respective outcomes.
The two teams have claimed they will suffer irreparable harm without a preliminary injunction. NASCAR has claimed it will suffer irreparable harm if the Court grants the preliminary injunction.
This phrase will only become more prevalent during the preliminary injunction hearing, which will take place on Aug. 28, ahead of the playoffs.