Michael Jordan and 23XI Racing are having trouble getting a ruling in their favor. After being denied their appeal for a preliminary injunction, they are trying to file an appeal as soon as possible. This will allow them to retain their status as the permanent chartered team as they continue their anti-trust case against NASCAR in 2025.

However, even before 23XI Racing and Front Row Motorsports can get some sort of momentum to their case, NASCAR is already making future moves. 23XI Racing and FRM have the backing of Jeffrey Kessler, a prominent anti-trust attorney. But it seems like NASCAR has found a solid reply of their own with a new appointment.

NASCAR is bolstering its defense

Michael Jordan and 23XI Racing’s legal representative, Jeffrey Kessler has been at the forefront of this legal battle. Kessler is one of the prominent sports lawyers in the country after being involved in high-profile sports litigation cases. He led the charge for free agency rule in the NFL, and his work in getting the US women’s soccer team equal pay stands out. So you see the two teams are in good hands when it comes to taking the fight head-on against NASCAR.

However, NASCAR seems to have found a response to Kessler’s challenge, as they have appointed Gregory Garre to their defense team. FOX reporter Bob Pockrass shared this news on X. “The law firm (Latham & Watkins) that represents NASCAR in the 23XI/FRM lawsuit has added its top appellate attorney Gregory Garre to the NASCAR defense team. Garre is a former US solicitor general who regularly argues in the U.S. Court of Appeals and Supreme Court.”

Now the timing of Garre’s appointment is interesting as 23XI and FRM are trying to expedite their appeal hearing for the injunction. Meanwhile, NASCAR is in no hurry to face their rivals in court and is okay with a scheduled hearing that could be next year in March. “In asking for appeal to preliminary injunction denial to be expedited, 23XI/FRM state NASCAR opposes the request and views the “standard briefing schedule is reasonable and appropriate.” Pockrass shared this on X.

For the time being, it looks like Michael Jordan and 23XI Racing need things to fall in their favor. And in case the preliminary injunction doesn’t favor them, there’s a possibility of the team shutting down their racing operations. Co-owner Denny Hamlin himself isn’t sure about the fate of his racing team.

Will 23XI Racing compete in the 2025 NASCAR Cup Series?

Charters are crucial for a team’s survival in NASCAR. The team not only gets a secured spot in the starting line-up every week but is also able to draw from TV revenue. Before the two parties met in court, the two teams publicly stated that they would remain committed to racing in 2025, irrespective of the injunction hearing. However, that sentiment seems to have changed after their injunction motion was denied by the federal court. They are now trying to make their case before the end of this year in an appeal hearing at the US Court of Appeals.

Ahead of the championship race in Phoenix, Hamlin shared what the potential future for his team looks like after being denied the injunction. And when asked about his team’s involvement in the Clash and Daytona 500 race in 2025, he replied, “I think it’s all TBD. There are certain arrangements we’re going to have to navigate, so I hope so.”

Meanwhile, NASCAR chose not to publicly speak about the charter agreement and stated that they are planning for the 2025 season with 32 charters. This statement by NASCAR also casts a shadow on the purchase of the two SHR charters made by the 23XI Racing and FRM. So, it’s fair to say that Michael Jordan and Denny Hamlin have certainly got their work cut out in trying to stay afloat in the sport and challenge the might of NASCAR.