Denny Hamlin reaffirms 23XI Racing's commitment even if it becomes an open team

BROOKLYN, Mich. — Denny Hamlin acknowledges that 23XI Racing may have to run as an open team after a three-judge panel’s decision this week but said Saturday that he and co-owner Michael Jordan “remain very confident in our case for December 1.”

The panel of judges for the Fourth Circuit Court of Appeals unanimously ruled to vacate the preliminary injunction that allowed 23XI Racing and Front Row Motorsports to compete as chartered teams despite not signing the charter agreement last year.

23XI Racing and Front Row Motorsports have until June 19 to file a petition for rehearing before the entire Fourth Circuit Court of Appeals. Thursday’s decision does not go into effect until seven days after the expiration of time period for 23XI Racing and Front Row Motorsports to file a petition for rehearing. That would be June 26.

Chartered teams are required to compete in every Cup race but also get paid more than an open team, which is not guaranteed a starting spot in each race. Hamlin said the difference in money between a chartered team and an open team for a three-car operation was “tens of millions.”

A three-judge panel ruled Thursday to vacate the preliminary injunction granted 23XI Racing and Front Row Motorsports to run as chartered teams.

Hamlin stated that should 23XI Racing as an open team, the organization would be prepared to do so.

“Same as what we said in December is that we’re committed to run this season open if we have to, even before they decided on the injunction,” Hamlin said Saturday after he qualified third at Michigan International Speedway. “So we’re going to race and fulfill all of our commitments no matter what. We’re here to race. Our team is going to be here for the long haul and we’re confident of that.”

Chase Briscoe won the pole with a lap of 195.514 mph, the fastest pole in the Next Gen car era.

Asked if the organization could lose any of its drivers — Tyler Reddick, Bubba Wallace and Riley Herbst — after this season if it becomes an open team, Hamlin said: “I’ve got so much to worry about. I’m not focused on that particularly right this second.”

As for the message to employees should the team run as an open team and bring in less money from NASCAR, Hamlin said: “One of the things we remain steadfast in saying is that nothing will change in their lives, and we’re going to make sure that everyone’s taken care of and everyone should plan on work as scheduled.”

Hamlin said the team continues to look forward to the Dec. 1 trial in its federal antitrust lawsuit against NASCAR.

“We remain very confident in our case for December 1,” Hamlin said. “We’re confident in it. We feel like the facts are on our side.”

Part of Hamlin’s focus this weekend is on fiancee Jordan Fish, who is due to deliver the couple’s third child any day. She was due last week.

“Just patiently waiting,” Hamlin said. “Thought we would be almost a week in by now but just patiently waiting.”

Ryan Truex, the reserve driver for Joe Gibbs Racing, would take over Hamlin’s No. 11 ride should he need to leave before or during Sunday’s race.