Even if the fourth circuit of appeals court doesn’t force NASCAR into providing charter to 23XI Racing via preliminary injunction over the next two months, the team is committed to fielding all three cars in at least all points-paying races next season.
Riley Herbst was kind of placed on hold this summer and autumn not knowing if 23XI would even be able to field a third car but that announcement was made on Wednesday. The announcement came after NASCAR’s decision to not include a provision in the open entry blank that prevents teams from suing the Sanctioning Body on antitrust ground, language that appears in the charter agreement.
Now, 23XI Racing knows that can race in some form next season, even while suing NASCAR and the third team has been made official.
23XI team president Steve Lauletta appeared on SiriusXM Radio to discuss his new signing on Wednesday.
“You know, we’ve been watching him develop in Xfinity and has had a number of great showings there, making the playoffs and three wins — Indianapolis and Phoenix this year,” Lauletta said. “We’ve had a great relationship with Monster Energy for a couple of years now back to Kurt (Busch) and now Tyler (Reddick) so the relationship with them gave Riley a chance to get in a 23XI Toyota and learn from Bubba (Wallace) and Tyler. There was just a ton of reasons why it made sense for us and we’re excited to get him on the track for a full season and get going.”
Why the number 35?
“Actually Michael Jordan wore it when he first started playing baseball so we thought it fit with the 23 and the 45, which are his other numbers,” Lauletta said. “Denny’s dad drove the No. 8 and 5+3=8 so we found a couple of reasons why 35 fit. We still have the 67 to roll out when and if needed.”
Like for Martin Truex Jr. in the Daytona 500.
All chartered teams are required to race in the Clash and All-Star Race but Lauletta expects all three drivers to at least compete in points paying races next season. The third charter was purchased from Stewart-Haas Racing and that transaction will need to be approved by NASCAR.
“We’ve been working on Riley and Monster and the expansion to a third car for a really long time,” Lauletta said. “The legal proceedings, the charter stuff is all for us on the race team day-to-day side, sort of in the background. You know, we plan to be at Daytona with this entry and our other two entries. Look, our two options are, they’ll either be chartered entries or open entries. We know that. So we’re letting that whole process play itself out and you know, by the time we get to Daytona, we’ll have the answers and we’ll be ready to go.”
The fact that he said Daytona and not the Clash at Bowman Gray could have been a figure of speech for the start of the season, but again, if the court doesn’t award the teams charters, they would not be required to race the Clash.
It’s also worth noting that NASCAR has signaled an intent to contest a season next year with just 32 chartered teams, but approving the 23XI and Front Row charters purchased from Stewart-Haas would leave just 30 chartered teams if each three-car team has to run as open.
Lawsuit timeline
23XI Racing, Front Row decline to sign NASCAR’s final 2025-2031 charter document
Why 23XI, Front Row filed a lawsuit against NASCAR
23XI, Front Row makes his case in antitrust lawsuit against NASCAR
Richard Childress says he had ‘no choice’ but to sign charter document
How drivers feel about the lawsuit
Michael Jordan comments on his team’s lawsuit against NASCAR
Meet NASCAR’s antitrust defense lawyer
NASCAR files injunction to be included in charter system through lawsuit
NASCAR motions against team’s preliminary injunction request
NASCAR, teams consent to redacting charter details in filings
Teams make case for injunctive relief, expedited discovery
NASCAR’s lengthy rebuttal to injunction, lawsuit
Teams respond to NASCAR response over injunction
23XI, Front Row and NASCAR go to court over injunctions
Judge rules against teams preliminary injunction request
Denny Hamlin says 23XI may not race next year
What preliminary injunction denial means for lawsuit
NASCAR drops ‘lawsuit release clause’ in open agreement
Appeal timeline rebuttal filed by NASCAR