The mission that Michael Jordan and Denny Hamlin have embarked on is far from easy. When NASCAR dropped a bare 6-hour ultimatum on teams to sign the charter agreement, the dilemma was apparent. Most teams yielded under the pressure—except for two. 23XI Racing and Front Row Motorsports held out and subsequently launched a big battle in the form of the NASCAR lawsuit in early October.

Although the battle is ongoing, it is tilting towards the 76-year-old stock car racing series. Speaking of the other party, November has not been a bright month for 23XI Racing—Tyler Reddick came close to the championship but missed narrowly, and a federal judge threw 23XI and FRM’s 2025 racing plans into speculation.

Not a slam dunk case for Michael Jordan afterall

When the 6-time NBA champion first challenged NASCAR, he exuded confidence. Roping in famed anti-trust sports lawyer Jeffrey Kessler was an added bonus—the man just won a case against the NCAA. However, as the months rolled on, the scenario changed. Michael Jordan and Co. filed a preliminary injunction to secure chartered spots for 2025, citing “irreparable harm” if they race as open teams.

However, U.S. District Judge Frank D. Whitney denied the motion, explaining the teams had a dearth of evidence. This complicated things severely—the two teams were compelled to strike a deal with NASCAR for an open agreement.

Michael Jordan‘s lawyer is still determined, at least for now. In a slew of updates, according to Bob Pockrass, 23XI and FRM have filed a second preliminary injunction. Since both teams have confirmed their 2025 charters—Riley Herbst in 23XI and Todd Gilliland in FRM—they want NASCAR to remove the anti-trust release condition from the charters.

Pockrass wrote, “The teams ask for a ruling, if they don’t get their request to compete as chartered teams, that their “antitrust claims fall outside the scope of the release in the SHR Charter Agreements so … [they] can close those transactions without risking their antitrust rights.” 23XI Racing updated this injunction on X but deleted it—drawing raised eyebrows among fans.

Michael Jordan and NASCAR are at loggerheads over the hearing dates as well. As per NASCAR’s response to the second injunction, teams want it on December 6th, while the sanctioning body wants December 9th. While teams want the hearing date to be on December 12th or 13th, NASCAR wants to give the court free rein.

Additionally, Pockrass also indicated that sponsorships remain an issue. Monster Energy already confirmed its backing of Riley Herbst, but the lawsuit may present problems. He wrote, “All of the “new circumstances” are redacted but, it appears among them issues with sponsors committing to the team for 2025 and the ability to close on the purchase of charters from SHR.” 

These circumstances largely carve out a bleak scenario for both teams next year, beginning with the season opener.

Losing access to a grand revival

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NASCAR’s Clash race dates back to 1979, giving a taste of the upcoming Daytona 500 race. In 2022, the sanctioning body held the grand race at the LA Memorial Coliseum. The quarter-mile track faced criticism mainly for its location. Teams had to travel all the way to California for a race that didn’t even count towards the championship.

However, from 2025, NASCAR will host a race much closer to its roots in North Carolina—Bowman Gray Stadium, which is just an hour north of Charlotte. Built-in 1937 and nicknamed ‘Madhouse’, this track was the site of points-paying NASCAR Cup Series races from 1958 to 1971.

Despite NASCAR’s much-awaited revival of this hallowed racetrack, Michael Jordan’s team may not be there to experience it. Denny Hamlin, who won the 2024 Busch Light Clash race, lamented about it. “I don’t know. I think a lot of dominoes need to fall. Sponsorship, things like that. So, I don’t know that that decision’s been rock solid, made yet. But you know we um, things are so fluid, over the next few weeks we’ll probably know more.” Hamlin added the value of the Clash race. “The Clash is always a good repetition. A rep. It’s certainly one where even though you don’t have pit crews there, it’s good for the teams to work some kinks out.”

If the NASCAR lawsuit does not work out for Michael Jordan, a lot of things besides the Clash will go haywire for 23XI Racing. Here’s to hoping that we will see Jordan and his team compete in 2025!