23XI Racing had a lot on its plate this season. On the good side, Michael Jordan and his team achieved remarkable heights. Tyler Reddick clinched the Cup Series regular-season championship and was a solid threat for the final title. But the flip side of the team’s future is equally dismal. Currently, 23XI and Front Row Motorsports are amidst a lawsuit waged against NASCAR. The cards are not falling in their favor, and 23XI’s recent move will not help things in the courtroom.

Michael Jordan recently recruited Riley Herbst – a dazzling Xfinity star who clinched two victories this year – to compete in the No. 35 Toyota under 23XI Racing. This deal, although proving the team’s unbounded growth, also shows that Jordan is still doing business with NASCAR. That is an argument that the sport’s lawyers could use against Jordan in the lawsuit.

Michael Jordan giving points to the adversary?

When the 23XI Racing and FRM first filed the lawsuit, optimism reigned over the show. Having Jeffrey Kessler, a sports advocate who won cases like the NCAA antitrust lawsuit, brightened the teams’ hopes. But the dominoes started falling recently. Michael Jordan and Co. stated that NASCAR used “anticompetitive and exclusionary practices” in the sport. Also, they filed an injunction to protect their charter status for 2025, citing the risk of losing sponsors, drivers, money, and fan support as open participants. But a federal court judge turned down this request, claiming that the teams presented “only speculative, possible harm.”

The next domino to fall is probably Riley Herbst’s induction into 23XI Racing. This shows that Michael Jordan is striking deals with the “anticompetitive” executives of NASCAR which 23XI and FRM are waging a legal war against. Including Herbst also means getting a third charter, for which 23XI claimed NASCAR has enriched “themselves at the expense of the premier stock car racing teams.” So all this evidence may further convince the court judges to bend the lawsuit in NASCAR’s favor. Last week, Kessler said that 23XI is striking a deal with NASCAR for possible open-car racing, should the injunction appeal fail.

Kessler said NASCAR “has removed the anticompetitive release requirement in its open agreement” to allow 23XI and Front Row to operate as open teams. So Michael Jordan’s continued rapport with his legal adversary for the growth of his team weakens his legal case. Steve Lauletta, 23XI team president, curiously stated that roping in Riley Herbst is a well-timed decision. “As 23XI enters our fifth season next year, we felt the time was right to continue the growth of our organization by adding a third team, and Riley is a driver we think will be a great fit for us.”

Herbst’s induction is not the only factor that may shoot Michael Jordan’s case in the foot.

Retired veteran hoping to drive under 23XI

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Denny Hamlin admittedly felt emotional when his Joe Gibbs Racing teammate announced his retirement. Martin Truex Jr. left full-time racing this year – but he does not wish to leave racing forever. And Hamlin is eager to take care of his comeback, promising him a Daytona 500 entry for next year. “23XI and (Joe Gibbs Racing) are kind of looking at the options and figuring out what’s the best avenue for it. Certainly, having Martin in the 500 is going to be exciting,” Hamlin said. Truex Jr. is rumored to wheel the No. 78 or the No. 56. He won the 2017 Cup championship with the No. 78 and has used the No. 56 throughout his career and calls that “my number.”

However, the caveat lies in the unresolved NASCAR lawsuit. With Riley Herbst hopping aboard the 23XI bandwagon along with Bubba Wallace and Tyler Reddick, which charter will Truex Jr. race under? Yet his crew chief is already decided – Cole Pearn, with whom Truex Jr. won 24 races and a championship between 2015-19. The 34-time Cup Series race winner scratched his head at the strange scenario. “I mean as far as I know it’s all going still. I think we’re good. You never know these days, things change in a hurry, right?” Truex Jr. said with a laugh. “A lot going on like you said, I have no clue. But I feel confident I have a contract so that’s a good sign, right?”

Evidently, Michael Jordan’s hanging lawsuit is leaving a lot of drivers’ 2025 plans under suspense. The next courtroom hearing is scheduled for December, so let us wait until then to see what happens.