23XI Racing, Front Row Motorsports could lose charters after latest ruling in anti-trust case vs. NASCAR

With the injunction overturned, the six entries between the teams — three from 23XI and three from FRM — could be open entries for the remainder of the season. That opens up the possibility, however low it might be, that they could miss a race if more than 40 cars show up to qualify. Open teams also earn significantly less money than their chartered counterparts. 

The good news? With a 14-day span in which the teams can ask for a rehearing and another seven-day period after that deadline, it will likely be June 26 at the earliest when the teams would no longer be chartered, making the June 28 race at EchoPark Speedway (formerly Atlanta Motor Speedway) the first race where 23XI and FRM compete as open entries.

"We are disappointed by today's ruling by the Fourth Circuit Court of Appeals and are reviewing the decision to determine our next steps," said lawyer Jeffrey Kessler, the attorney for 23XI and FRM. "This ruling is based on a very narrow consideration of whether a release of claims in the charter agreements is anti-competitive and does not impact our chances of winning at trial scheduled for December 1.  We remain confident in our case and committed to racing for the entirety of this season as we continue our fight to create a fair and just economic system for stock car racing that is free of anticompetitive, monopolistic conduct."

As far as the case itself goes, NASCAR now finds itself in the catbird seat after the ruling, which gives the sanctioning body significantly more leverage than it previously had.