The escalating legal battle between NASCAR and 23XI Racing/Front Row Motorsports (FRM) entered another chapter late Tuesday night, as NASCAR formally filed its opposition to the teams’ request for a preliminary injunction. The hearing on the matter is set for August 28.
NASCAR’s Key Arguments
In its response, NASCAR pushed back on multiple fronts, arguing that the injunction is both unnecessary and damaging:
No irreparable harm: NASCAR said the teams suffer no immediate injury since they are currently operating as Open entries, none of their drivers have departed, and there is no realistic risk of failing to qualify for a race. Freedom of association: NASCAR asserted that the court cannot compel it to enter or maintain a business relationship with teams it no longer wishes to align with. Antitrust defense: The sanctioning body claimed the plaintiffs cannot demonstrate a likelihood of success in proving that NASCAR operates as an unlawful monopoly. Harm to future planning: NASCAR emphasized that blocking the transfer of the six disputed charters would hurt the series by delaying opportunities for “many eager potential entrants” to prepare for the 2026 season.
The Michael Jordan Factor
In one striking passage, NASCAR accused 23XI co-owner Michael Jordan of attempting to leverage the lawsuit for preferential treatment:
NASCAR’s filing states Jordan “wants to use the litigation to grant him a permanent Charter that no other Team has.”
The sanctioning body maintains that granting such relief would fundamentally undermine the charter system’s structure and fairness.
Steve Phelps’ Declaration
NASCAR President Steve Phelps submitted a declaration in support of the filing, underscoring strong interest in the open charters. He revealed that he has personally spoken with multiple individuals and organizations eager to purchase the available slots. Their identities were redacted, but the list spanned several lines of the court document.
Phelps wrote:
“Unlike the Plaintiffs, many individuals and organizations, including the interested parties referenced above, view the 2025 Charters as a good investment and want to acquire them and work with NASCAR to further grow the Cup Series.”
What’s Next
The Aug. 28 hearing will determine whether 23XI and FRM receive a temporary injunction preserving their charter rights while the broader case plays out. NASCAR’s latest filing makes clear that it views the injunction not only as unjustified, but also as a threat to the league’s long-term stability and competitive future.
The outcome could shape the structure of the Cup Series moving into the 2026 season—and beyond.
Would you like me to frame this article in a legal/business tone for industry readers, or give it a more fan-focused narrative that highlights the stakes for 23XI, FRM, and Michael Jordan’s role?
