NASCAR Warned of Catastrophic Loss After Offending Michael Jordan & Co in Lawsuit

Michael Jordan has now accused NASCAR of victim-blaming in an antitrust lawsuit against the racing organization. The co-owner of 23XI Racing, Jordan, is once again seeking a temporary injunction against NASCAR to allow them to compete as chartered teams in the 2025 season. In this case, 23XI and Front Row Motorsports requested a preliminary injunction to be recognized as chartered teams while they pursued an antitrust lawsuit against NASCAR.

Two racing teams refused to sign the take-it-or-leave-it charter agreement presented to them in September, which the other 13 Cup Series teams had signed. In the lawsuit, 23XI and Front Row called NASCAR “monopolistic bullies.” U.S. District Judge Frank D. Whitney initially denied their injunction request. Without explanation, Whitney was replaced by Judge Kenneth D. Bell on Wednesday after the court announced Whitney would no longer be assigned to the case. In a new court filing, 23XI and Front Row claim NASCAR is ‘blaming victims for asserting their antitrust rights.’

Meanwhile, Jeff Gluck and Jordan Bianchi discuss the repercussions that will follow NASCAR in case 23XI Racing and FRM do not participate next season.

Impact of the lawsuit on the future of NASCAR

The legal battle and its potential outcomes could have profound implications for NASCAR’s stability. In an X post by Dirty Mo Media, Jeff Gluck and Jordan Bianchi, renowned motorsport journalists discussed the possible fallout from the lawsuit and what it could mean for the sport in a recent exchange. Gluck asked, “What do you think? Could be the worst outcome for the sport as a result of this? Like could it fracture like IndyCar?” Bianchi’s response highlighted a worst-case scenario that would resemble the major split that occurred in the 1990s within American open-wheel racing, “When you saw the Open Wheel War and the 90s and what that did for that series and Open Wheel racing in this country”

Bianchi’s analysis of a potential fracture in NASCAR suggests that the sport could suffer a similar fate. He pointed out that if 23XI Racing, Front Row Motorsports, and potentially other teams were to leave NASCAR and form their rival series, it could severely impact NASCAR’s grid. Forcing it to find replacements for high-profile teams, “I mean the worst case I think is fairly obvious, I think it’s a split. Like you see some kind of fracture Um, where a handful of teams? Um, decide to leave NASCAR and go form their own series or just leave the sport all together and NASCAR loses a huge group of notable teams.” 

Such a move could create a competitive split with a rival series attracting attention from teams, drivers, and sponsors looking for a more favorable environment, “All the sudden you’re looking at, how do we fill our grid? And then you’ve got this other rival series and you know, in a sport that is trying to grow and feels like it’s got a runway to do that. It would completely fracture it and I think I think it plays out very much like IndyCar.” 

IndyCar’s ‘Open Wheel War’ refers to the infamous split in American open-wheel racing in the 1990s. IndyCar, then called CART (Championship Auto Racing Teams), suffered a major rift with Indianapolis Motor Speedway owner Tony George. George created the Indy Racing League (IRL) in 1996 to focus on American drivers and oval tracks instead of the mix of road courses and ovals in CART. Teams, drivers, sponsors and fans split between the two competing leagues as a result of the split. The IRL controlled the Indianapolis 500 but CART retained many of the top teams and stars.

As a result of this division, open-wheel racing in the U.S. declined significantly, making NASCAR the dominant motorsport in the country. The open-wheel fracture in the 1990s weakened both series and shattered the sport’s cohesion. Even though the two series didn’t merge until 2008, the damage to the sport’s fanbase and commercial appeal had already been done. It hurt American open-wheel racing for years.

However, as things stand, 23XI Racing and FRM are not going anywhere, and in fact, are busy recruiting drivers for 2025!

A look at 23XI Racing and FRM’s NASCAR lineup for 2025

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23XI Racing, co-owned by Denny Hamlin and NBA legend Michael Jordan, announced Riley Herbst as its third driver last month. It will be Herbst’s third time driving in the Xfinity Series, and he will be driving the No. 35 Toyota. The team will field Bubba Wallace (No. 23) and Tyler Reddick (No. 45).

“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. We have a very solid foundation with both Bubba and Tyler, and we know they will be a great resource for Riley as he begins his journey in the Cup Series,” 23XI Team President Steve Lauletta said.

Bob Jenkins’ FRM also plans to field two Ford Mustang Dark Horse teams full-time in 2025, Noah Gragson‘s No. 4 and Todd Gilliland’s No. 34. Since May, the team has been working on buying a charter. In a recent statement, NASCAR approved the purchase of a charter from SHR but said the deal would not go through unless the lawsuit was dropped.

Speaking about joining a team embroiled in such a lawsuit, Gragson said, “I am so disconnected,” Gragson told Matt Weaver for Sportsnaut. “I’m probably not the guy to ask but I do feel confident we’re going to race. I’m not the most educated guy on what’s going on with the lawsuit and I’m not even just saying that because you’re recording me right now. Like, I have no idea what’s going on and I just do what I’m told.

Before NASCAR removed an anticompetitive release requirement from the open agreement, the teams were expected to race as open teams in 2025. Now that a second preliminary injunction motion has been filed, the situation remains unresolved. Do you think 23XI and FRM will race in 2025?