Riley Herbst’s future is hanging by a thread. The 25-year-old has been linked with Michael Jordan’s co-owned 23XI Racing in the NASCAR Cup Series for the 2025 season. Touted as a likely candidate for the third seat, the 25-year-old is stuck in somewhat of a limbo, amidst the ongoing anti-trust lawsuit that has been dominating the headlines. With Stewart-Haas Racing ceasing operations at the end of the 2024 campaign, time is running out for Herbst to have some clarity over his NASCAR future.

Only four races are remaining before the season ends, but the ongoing charter lawsuit is adding to the precariousness of Riley Herbst’s future. Could his fate be decided in the upcoming weeks? Unlikely. But that won’t stop him from hoping for a quick resolution to a complicated scenario.

Is Michael Jordan’s lawsuit delaying 23XI Racing’s third charter?

As things stand, only two Stewart-Haas Racing drivers are facing uncertainty about their futures. Ryan Preece and Riley Herbst haven’t secured a confirmed seat for the 2025 season yet, with both drivers being linked to a Cup Series team. Brad Keselowski’s RFK Racing has been considered as a possible destination for Preece, but only if they manage to field a third car next season. The situation is eerily similar to Herbst and 23XI Racing, as Michael Jordan’s team is also looking to expand its operations at NASCAR’s highest level.

With the Round of Eight playoffs on the horizon, Riley Herbst opened up about his NASCAR future ahead of the Ambetter Health 302 at Las Vegas Motor Speedway. Speaking to the Speedway Digest, the Nevada native said, “There’s a lot of things holding back the dominoes to fall and I’m not the first one to initiate [that]. Hopefully, everything will sort itself out here shortly, but I don’t see anything happening in the meantime.”

According to the antitrust lawsuit filed by 23XI Racing and Front Row Motorsports, Michael Jordan’s team had already secured a deal to acquire Stewart-Haas Racing’s fourth charter on August 7, 2024. However, NASCAR’s recent charter policy update, presented just before the playoffs at Atlanta Motor Speedway, now jeopardizes the sale. Given 23XI’s legal battle against the sanctioning body, NASCAR is unlikely to approve the transfer, adding tension to an already strained relationship.

What does this mean for Riley Herbst? Unfortunately, the 25-year-old can do nothing but wait and keep a close eye on proceedings. As things stand, there is a realistic possibility that his move to Michael Jordan’s team will fall through, in which case he will need to have an alternate plan in place to fall back on. The No. 98 Ford Mustang driver is competing for nothing but pride and will look to finish his season strongly to impress potential employers in the Cup or Xfinity Series. Given his sponsorship with Monster Energy, Herbst has the financial backing to keep his NASCAR dreams alive; all he needs is a team that’s willing to take a chance on him.

Riley Herbst reflects on his Charlotte Roval disappointment

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Missed opportunity. That’s what Riley Herbst will consider the final Round of 12 race at the Charlotte Roval to be. The Stewart-Haas Racing driver was in contention for the championship at Drive for the Cure 250, but lady luck wasn’t on his side at the 2.28-mile hybrid course. He started the race in 12th place but quickly climbed up the grid to finish eighth by the end of Stage 1. However, disaster struck Lap 34 when Herbst’s No. 98 Ford made contact with Alfredo’s No. 5 Chevy, resulting in a multi-car wreck. His battered and bruised car gave up on Lap 57, resulting in his sixth DNF of the season and a 32nd-place result.

Reflecting on the disappointing outcome in the final Round of 12 race, Herbst said, “I think last week the mindset was just a lot of anger, just like that gimmick of a racetrack at the Roval, and then focusing on this round, which is so much better of a round for us with the two-mile-and-a-halves and a short track. I was definitely filled with anger and disappointment for not making this Round of 8, where I have so much confidence coming into these next three racetracks.”

Despite the heartbreak, Riley Herbst will be hoping to hear some much-needed good news soon. His NASCAR hopes rest on Michael Jordan and Denny Hamlin’s shoulders, provided that the circumstances work in 23XI Racing’s favor about a third charter acquisition. Could the team lease a charter for the time being, potentially from Rick Ware Racing, for the 2025 season? The team’s hierarchy will consider all the options in the coming weeks, but time will tell which direction they will opt to go in.