23XI Racing appeals charter loss in NASCAR lawsuit as both 23XI Racing and Front Row Motorsports have formally requested the full Fourth Circuit Court of Appeals to review their recent legal setback, which has temporarily allowed them to continue operating with their NASCAR charters. The latest filing occurs amid a complex and ongoing legal battle over antitrust claims against NASCAR and the risk of the two teams being stripped of their chartered status.
Teams Request Rehearing to Preserve Charter Status
On June 20, 2025, both 23XI Racing and Front Row Motorsports took new legal action by asking the appeals panel to revisit its previous decision or for all judges of the U.S. Court of Appeals for the Fourth Circuit to hear their case regarding the injunction. This move effectively stalls the process of losing their charters until seven days after the panel declines to rehear or issues a new decision.
“As expected, 23XI/Front Row have asked for appeals panel to reconsider or all of the judges of US Court of Appeals 4th Circuit to hear injunction appeal. This will delay them losing the charters until seven days after the decision not to hear it again or a rehearing/decision. pic.twitter.com/ICrR9sjPis”
— Bob Pockrass, Reporter
The legal process is intense and urgent, as the teams face a tight timeline to preserve their charter status, an asset vital to their participation in NASCAR events.
Attorneys Address the Court’s Handling of the Appeal
On June 17, 2025, Jeffrey Kessler, serving as the lead attorney for both teams, stated that the legal team would meet the Thursday deadline to formally seek a rehearing before the entire Fourth Circuit. He expressed disappointment in the earlier decision by the three-judge panel, arguing that the core legal questions were not properly addressed.
“Unfortunately, I don’t think the three judges, if you read their opinion, actually dealt with the hard issues and that’s what the circuit will need to do,”
— Jeffrey Kessler, Lead Attorney
Kessler’s remarks followed a hearing in federal court, where he, Denny Hamlin (23XI Racing co-owner), Bob Jenkins (Front Row Motorsports owner), and Curtis Polk (23XI Racing co-owner) pressed for the dismissal of counterclaims brought by NASCAR. The presiding judge did not issue a ruling immediately after the session, which lasted nearly two hours. Notably, Michael Jordan, co-owner of 23XI Racing, did not attend the hearing.
Charter Status and Legal Uncertainty Remain Unresolved
The appeals panel’s decision, and the subsequent request for a broader review, highlight ongoing tensions between the teams and NASCAR. The outcome will determine if 23XI Racing and Front Row Motorsports can maintain their charters in the short term while litigation plays out, impacting operations and potentially the competitive landscape of the sport.
This legal fight has drawn the attention of figures like Denny Hamlin, Bob Jenkins, and legal experts, emphasizing both the financial and reputational stakes involved. With NASCAR’s structure and business model under scrutiny, the resolution of this case could set important precedents for how the sport handles team ownership and antitrust disputes in the future.
