Even if the fourth circuit of appeals court doesn't force NASCAR into providing a charter to 23XI Racing via preliminary injunction over the next two months, the team is firmly committed to fielding all three cars in at least all points-paying races next season. Riley Herbst was placed on hold this summer and autumn, unsure if 23XI would be able to field a third car. But on Wednesday, that announcement was made. After NASCAR's decision not to include a provision in the open entry blank that prevents teams from suing the Sanctioning Body on antitrust grounds, language that appears in the charter agreement, 23XI Racing now knows it can race in some form next season. The third team has been made official.

Team President's Perspective

23XI team president Steve Lauletta appeared on SiriusXM Radio to discuss his new signing on Wednesday. "We've been watching Riley develop in Xfinity and he's had a number of great showings there, making the playoffs and winning three times - Indianapolis and Phoenix this year. 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 were 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. 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."

Charter Requirements and Expectations

All chartered teams are required to race in the Clash and All-Star Race. 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. The legal proceedings and charter stuff is all in the background for our race team on a day-to-day basis. We plan to be at Daytona with this entry and our other two entries. Our two options are that they'll either be chartered entries or open entries. We know that. So we're letting that whole process play out and 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. 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 and Details

23XI Racing and Front Row declined to sign NASCAR's final 2025-2031 charter document. They filed a lawsuit against NASCAR, making their case in the antitrust lawsuit. Richard Childress said he had 'no choice' but to sign the charter document. Drivers' feelings about the lawsuit were also a topic of discussion. Michael Jordan commented on his team's lawsuit against NASCAR. NASCAR filed an injunction to be included in the charter system through the lawsuit. NASCAR also made motions against the team's preliminary injunction request. NASCAR and the teams consented to redacting charter details in filings. The teams made a case for injunctive relief and expedited discovery. NASCAR's lengthy rebuttal to the injunction and lawsuit was also a significant aspect. The judge ruled against the teams' preliminary injunction request. Denny Hamlin said 23XI may not race next year. What the preliminary injunction denial means for the lawsuit was also analyzed. NASCAR dropped the 'lawsuit release clause' in the open agreement.