In December last year, a judge granted an injunction ruling that both teams should be allowed to race as charter teams while the case was ongoing.
However, at the US Court of Appeals on Friday, a three-judge panel heard NASCAR’s appeal of this decision and questioned 23XI and FRM racing as a chartered team, implying that it would be more reasonable for them to race as open entries as the court case continues.
Gluck questions 23XI Racing's 2025 season
23XI Racing’s three drivers have had a muted start to the 2025 Cup Series championship, with Tyler Reddick only sixth in the standings, whilst Bubba Wallace is P10 and Riley Herbst occupies the 32nd spot.
Not one of the team's three drivers have claimed a race victory yet this year, despite Reddick’s achievement of becoming regular season champion in 2024, and Wallace endured his fourth DNF of the year at Kansas last weekend.
"23XI, they're weird, man. They've fallen off. "What's up with that? I don't get that at all,” Gluck said on the Teardown podcast.
“Reddick might've had the fastest car at Texas, he just never got the track position. But then he told me at Texas, 'Oh yeah, I feel like what happens, the speed we'll have at Texas will translate to Kansas, even though they're different tracks,' and then they just didn't really show anything.
"I thought, you know, I guess Bubba was up there. When he had his issue, he was maybe sixth or something. He had a penalty and then he was gone, you know, which happens a lot these days, right?
“If you have a setback, you're kind of done, unless it's early in the race, then you could overcome it. But yeah, I mean, Reddick - we never really saw what we'd expect out of them, right? So, I don't really know."