23XI, Front Row file restraining order vs. NASCAR as charters set to expire Wednesday

23XI Racing and Front Row Motorsports are making another move in their NASCAR lawsuit in response to the appeals court decision last week. They’ve filed a motion for another temporary restraining order and a new preliminary injunction in order to save their charter status for the remainder of 2025, per FOX’s Bob Pockrass.

“As expected, 23XI/FRM have filed a motion for another temporary restraining order and preliminary injunction to remain chartered for rest of 2025,” Pockrass posted on X. “Right now, they are set to lose their chartered status Wednesday.”

The decision comes after the U.S. Court of Appeals vacated the preliminary injunctions from last December. That puts 23XI and Front Row at risk of losing their charters for all six of their Cup Series teams, so the teams are trying to at least buy themselves some more time.

This NASCAR lawsuit has continued to be a back-and-forth between the two sides over the past year. Losing charters for the rest of the season would be a major hit to 23XI and FRM monetarily, and put them at risk of missing certain races if there’s enough entrants.

Moreover, the U.S. Court of Appeals denied 23XI and FRM’s motion for a hearing in front of the full seven-judge panel. It appears they have gone back to the drawing board, with a tight deadline to do so. The charters will be taken away the week of the Dover race this weekend, pending the result of this latest development.

More on the legal battle between 23XI, FRM and NASCAR

When Judge Niemeyer of the U.S. Court of Appeals struck down the District Court’s injunctions from December, he called into question the claim that 23XI and FRM had made in order to receive the injunctions. In other words, he felt they lacked evidence for what they were claiming. 

In early June, Niemeyer ruled: “In entering a preliminary injunctionin this case, the district court held that the plaintiffs were likely to succeed on the merits of their antitrust action against the National Association for Stock Car Auto Racing, LLC (NASCAR), and it’s CEO, James France, because NASCAR, as an alleged monopolist, required the plaintiffs, as a condition of doing business with them, to enter into a release for past conduct. Because that theory of antitrust law is not supported by any case of which we are aware, we conclude that it was not a likely basis for success on the merits and vacate the injunction.”

23XI Racing and Front Row Motorsports have had their fair share of wins in this lawsuit against NASCAR. However, losing charter status would be a big loss. Both sides seem intent on going to trial in December.

The results of this lawsuit could change the sport. Whatever that looks like remains to be seen. And there are a lot of people not involved in the lawsuit who will be impacted.

— On3’s Jonathan Howard contributed to this article.