Jeremy is still under contract with EMS, but that doesn't mean that he is guaranteed to drive, just that he is guaranteed money.
Reck, you've got a lot to learn if you believe this is a rude thing to do. It's purely business and we need to check out Jeremy's performances at the Glen to see if he's good enough to guarantee that he'll make it in qualifying. Elliott has his past championship to fall back on and is also a past winner of a road race, though it was a long time ago at Riverside.
Last year, even though he won a race driving that particular car and crew, Kahne didn't have a very good year. Mayfield made the chase two years in a row driving the car that Kahne is now driving. Maybe it's just me, but I do believe that that car and crew just don't make it, and Jeremy is now paying for it.