The legal battle between NASCAR and Cup teams 23XI Racing and Front Row Motorsports has still yet to be resolved, though a recent ruling favored the sanctioning body in that the two teams, which were the only two not to sign the new charter agreement last year, are no longer to run as chartered teams.
This means that there are now 30 chartered cars, not 36, on a week-to-week basis. Being a non-chartered (open) team meant that 23XI Racing and Front Row Motorsports risked being bumped out of the field, in the event that there were more than 40 total cars on the entry list.
This, in addition to the inherent financial loss that comes from being a non-chartered team instead of a chartered team, is one of the main reasons why the teams have argued that having their charter status revoked is harmful in nature, and it's one of their key arguments when it comes to their decision to seek a new preliminary injunction, with a court date now set for Thursday, August 28.
But NASCAR has now effectively locked them into each race anyway.
NASCAR has adjusted a number of rules which all but guarantee that, even without a charter, all three 23XI Racing entries and all three Front Row Motorsports entries are locked into each race.
Here's a look at the updated rules.
Rule 5.1.F. - 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 the Team Owner Points standings.
Rule 7.9.1.1.B. - Four Open Teams will be eligible for starting grid positions based on the fastest single lap speed posted to each Open Team’s vehicle in the first Qualifying round.
Rule 7.9.1.1.C. - Up to six Open Teams will be eligible for starting grid positions based on the highest ranked Team Owner Points standings.
Considering the fact that these six teams are the only six teams that compete full-time without charters, there is literally no risk of them missing a race now.
But make no mistake about it; NASCAR didn't just do this out of the goodness of their hearts. Let's be clear: in only one non-Daytona 500 race since 2018 has there been a DNQ, so it's not like these teams actually run the risk of being bumped out (though ironically, had they not had charters in Chicago, Bubba Wallace would have been out after a disastrous qualifying session).
They did it because they know 23XI Racing and Front Row Motorsports have been classified as chartered teams all year, thanks to an offseason court ruling, and NASCAR knows that the teams' argument about running the risk of not qualifying for a race is probably the one that gives them the best chance of a judge taking their side.
Now that is no longer a legitimate argument, and so by reducing the teams' chance of success in court, NASCAR is faced with a much smaller risk of having egg all over their face by having to reinstate their status as chartered teams following the upcoming August court date.