Michael Jordan’s 23XI Racing, along with Front Row Motorsports, filed a brief requesting to deny NASCAR’s stay for a preliminary injunction that would block the groups from participating as charter teams in 2025, Sportico reported.

Last week, U.S. District Judge Kenneth Bell granted a request from 23XI and Front Row to be able to race under a pair of charters transferred from Stewart-Haas Racing.

One day later, NASCAR maintained Bell erred in his decision regarding how charter transfers work and filed an emergency motion for a partial stay of the ruling.

In a request for preliminary injunction this fall, 23XI and Front Row Motorsports sought to be recognized as chartered teams while they pursue an antitrust lawsuit against NASCAR.

The two racing teams refused to sign a take-it-or-leave-it charter agreement presented to them in September, which the other 13 organizations racing in the Cup Series signed. 23XI and Front Row called NASCAR “monopolistic bullies” for its business practices in the suit.

They were initially denied the injunction by U.S. District Judge Frank D. Whitney in North Carolina, but on Dec. 11, the court announced Bell as Whitney’s replacement, with no explanation as to why.

In Thursday’s filings, NASCAR asserted it was “never given the opportunity” to explain issues related to charter transfers, resulting in a “misunderstanding” by Bell in his ruling.

NASCAR argued in court filings that the league will suffer irreparable harm unless a stay is granted.

This week’s brief, filed by 23XI and Front Row, scoffed at that notion, while suggesting that NASCAR CEO Bill France is merely rearranging the same argument Bell ruled against.

“When a litigant does not have either the law or the facts on its side, it will pound the table,” the brief said, according to the Sportico report.

The brief calls NASCAR’s counter argument “tired, familiar, and shrill.”

The two teams contend to the court that NASCAR president Steve Phelps “approved” the charter transfers from Stewart-Haas Racing and that Phelps has said Jordan’s presence in NASCAR Michael Jordan’s 23XI Racing, along with Front Row Motorsports, filed a brief requesting to deny NASCAR’s stay for a preliminary injunction. That injunction would block the two teams from participating as charter teams in 2025, Sportico reported.

If the stay is granted, the injunction would be sidelined until NASCAR’s appeal is heard by the Fourth Circuit Court of Appeals. If the stay is denied, 23XI and Front Row will be allowed to complete their deal with Stewart-Haas Racing.

Unless settled, the antitrust lawsuit against NASCAR still is scheduled to go to trial in 12 months.

–Field Level Media