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When the courts declined to issue a temporary restraining order (TRO) that would have prevented NASCAR from taking charters away from 23XI Racing and Front Row Motorsports, they didn’t slam the door shut on the idea. 

The judge noted that if a situation arose where the teams were in danger of missing a race due to field size, they may still issue the TRO as that could fit the definition of irreparable harm. Likely to prevent this from happening, NASCAR has updated their rule book.

“NASCAR, at its sole discretion, may elect to limit the number of entries for a race to 40. In such instances, open teams will be determined based on team owner points standings,” the rule now says.

The reasoning behind it

Todd Gilliland, Front Row Motorsports Ford

Photo by: Chris Graythen – Getty Images

By preventing 23XI and FRM from missing any races, NASCAR ensures the courts don’t have a reason to grant a TRO that would give them their charters back. Without charters, the two teams are only earning about 1/3rd of what they could be earning every race weekend.

The teams previously benefitted from a preliminary injunction issued last December, which allowed them to race as chartered teams while suing NASCAR over the terms of the 2025 Charter Agreement. The Fourth Circuit Court of Appeals has since revoked that injunction.

The trial date for this lawsuit is set for December 1st, with 23XI co-owner Denny Hamlin recently saying “all will be exposed” there.

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