So far, NASCAR has been winning. The NASCAR lawsuit pitting billionaire Michael Jordan against the multi-billion-dollar enterprise of NASCAR has generated numerous court filings over the past two months. They include US District Judge Frank D. Whitney denying Jordan’s appeal for a preliminary injunction to the U.S. Court of Appeals. Whitney reasoned that 23XI Racing and Front Row Motorsports failed to show enough evidence that they face irreparable harm in the next season.

Now, even as Michael Jordan awaits his second preliminary injunction hearing, a new update is around the block. As it turns out, Jordan’s history with Whitney was a recent revelation. This complicates this case and will see a change in proceedings as Judge Whitney is replaced.

Jordan’s past intervening in NASCAR lawsuit

As we are well aware, Michael Jordan is an NBA legend. His tenure with the Chicago Bulls brought him six championships. In 1992, he led the Dream Team to Olympic gold – and five months later, found himself sitting in a courtroom. James “Slim” Bouler, a 41-year-old golf hustler, was accused of drug and money laundering. And Michael Jordan was a defense witness – he owed $57,000 for golfing wagers and a loan from Bouler during a poker game, the same money thought to be associated with Bouler’s drug connection. Eventually, Jordan’s testimony helped clear Bouler of all charges. Guess who was an assistant attorney in this case? Frank D. Whitney.

The NASCAR lawsuit court authorities did not give any reason, but Michael Jordan‘s history with Whitney hangs over a recent development. Journalist Bob Pockrass updated the situation on X: “No reason given but according to the court docket, the 23XI/Front Row case vs NASCAR has been reassigned to judge Kenneth D. Bell. Judge Frank D. Whitney, who issued the initial preliminary injunction ruling, is no longer assigned to the case.”

Despite the lack of clarity from the authorities’ side, Judge Whitney clarified his stance. His slight association with NASCAR also complicates the situation, although Michael Jordan and Co. are fine with it. Pockrass further wrote: “No idea why the change in judges. Judge Whitney had said he would recuse himself b/c NASCAR lead local attorney worked for him as a clerk for more than a decade (the attorney also offered to leave the case) but 23XI/FRM said not necessary and they were good with Judge Whitney.” These developments may or may not signal a positive sign for Jordan. Whitney’s siding with NASCAR is established by now. Let us see which side Kenneth D. Bell takes.

However, NASCAR is totally bent on crushing Michael Jordan’s argument.

Weeding out all the possible counter-arguments

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Well, challenging a 76-year-old stock car racing series is not easy. The wealthy enterprise of NASCAR is pushing all the buttons somehow to oust Michael Jordan and Co. from the case. Most recently, it ridiculed the possible losses if 23XI and FRM do not compete as chartered teams next year. 23XI Racing signed Riley Herbst for 2025, and FRM has also booked Noah Gragson. “A party’s decision to initiate a lawsuit and engage in disparaging press statements,” NASCAR’s memorandum asserts, “cannot serve as the basis for claiming entitlement to an injunction, as any resulting consequences are plainly self-inflicted.”

Narrowing down the lens on Jordan’s team, its argument that “[Tyler] Reddick can leave” his association with 23XI doesn’t mean Reddick “actually plans to leave.” NASCAR also pointed out that Reddick had already re-affirmed his faith in Jordan. So the risk factor “contradicts his numerous reaffirmations post-lawsuit” that he “stands behind” 23XI Racing and his decision to join the team “has not changed.” In the same vein, NASCAR noted that Bubba Wallace signed a multiyear contract extension with 23XI in September. This happened “even though 23XI had not signed a Charter for 2025.” NASCAR called Jordan’s lawsuit a “frivolous” legal controversy to “rewrite contractual terms” superior to those accepted by chartered teams.

The ship has tilted in favor of Jim France and Co. so far. Jeffrey Kessler and other attorneys for 23XI Racing and Front Row will file a rebuttal to NASCAR’s arguments by Dec. 12. With a new judge on the block, we can only wait and see if Michael Jordan can make headway or not.