Background:

Two NASCAR Cup Series race teams, 23XI Racing, an organization co-owned by basketball star Michael Jordan, and Front Row Motorsports, are engaged in litigation against NASCAR regarding claims of antitrust violations against the sanctioning body. Each organization fields three drivers in the NASCAR Cup Series.

Charter System and the Basis for the Litigation:

NASCAR introduced the charter system in 2016 to address the business needs of the team organizations. In general terms, a charter guarantees that a team can participate in each Cup Series race and entitles it to a share of race-related revenue (prize winnings). A total of 36 charters were awarded to the 15 then-active Cup Series teams (including 23XI and Front Row Motorsports). These charters were governed by an agreement with NASCAR which extended through the end of the 2024 racing season.

A replacement charter agreement for 2025 and beyond was in the works when this litigation was initiated by 23XI Racing and Front Row Motorsports. These teams were the only ones that did not sign the 2025 charter agreement; the 13 other teams did sign it. As a result, the six charters collectively held by the two teams are at risk of being voided for the 2025 season.

In response, the teams filed a motion for a preliminary injunction to require NASCAR to treat them as chartered teams while the litigation was being handled. On December 18, 2024, U.S. District Court Judge Kenneth Bell granted the motion.

June 5, 2025, Update:

Today, the U.S. Court of Appeals vacated the injunction. The teams have the ability to appeal this decision to a panel of appellate judges, and if the decision is not overturned, the consequences could be significant.

Potential Impact #1 – 23XI Racing and Front Row Motorsports will no longer be guaranteed starting spots for their six combined entries in the remaining races of the 2025 season. They have to qualify for each of the remaining 25 events based on lap times. None of the six entries are currently locked into the NASCAR playoffs via a race win this season. Therefore, their only path to a playoff berth (other than a race win) is through accumulated points. Missing a race would mean zero points for that event, almost certainly eliminating their chances of making the playoffs based on points.

Potential Impact #2 – Without charters, the teams will receive significantly reduced amounts of prize money. Prize money is a crucial revenue source for the race teams. Even if a non-chartered team wins a race, its payout is much lower than that of a chartered team.

Potential Impact #3 – Default, termination and other breaches of contracts between the team and its sponsors, drivers, employees, and other partners may occur. It is understood that being a chartered team is sometimes a condition written into many driver and sponsor contracts, so not being treated as a chartered team could trigger a myriad of legal rights and remedies for drivers, sponsors and other contractual partners.

If major sponsors, drivers, and other partners were to vacate 23XI and Front Row Motorsports due to the teams being unable to uphold their contractual obligations, and the teams are excluded from the benefit of chartered prize money, the financial and operational viability of both 23XI Racing and Front Row Motorsports could be seriously threatened.

On June 15, the NASCAR will make history. For the first time in the modern era of the Cup Series, a points race will take place outside the borders of the United States as they head to Autódromo Hermanos Rodríguez in Mexico City.

Recently, NASCAR commissioner Steve Phelps came to Brazil during the NASCAR Brazil round at Interlagos, in his first ‘international’ engagement after the promotion.

During the Coca-Cola 600 race weekend, the Motorsport.com team was on site for the crown jewel event and was welcomed by both Commissioner Phelps and also Chad Seigler, the Chief International Officer and VP of NASCAR. Phelps commented on the recent Brazil visit and the country’s chances of emulating what NASCAR is doing with a Cup race in Mexico this year.

Brazil flag

 When asked about Brazil’s chances, Phelps didn’t shy away from answering: “I don’t know when we’ll get to Brazil,” he admitted. “I’d like to see it happen. Obviously, we need all parties to come together and understand how important that would be for NASCAR in general and for the category. But I personally would be very excited about it.”

There were previously talks to get ‘The Clash’ to Brazil, but those talks never advanced and the race will remain at Bowman Gray Stadium for 2026. Phelps is also looking forward to the Mexican event that takes place later this month, which will be the first time the Cup Series has ever raced in Mexico.

“I’m excited. It’s the first time we’ve taken the Cup Series in the modern era outside our own borders. It’s a big stage for us, and we need to make sure we make it. I think the Mexican fans are going to come, they’re going to support us, and I think it’s going to be a great show. Our drivers will love the circuit, and maybe, who knows, we can have our drivers, at some point, come to Brazil and have a race in São Paulo.”

Brazilian driver in Cup

Helio Castroneves, Trackhouse Racing Chevrolet

Photo by: Sean Gardner / Getty Images

The possibility of a Cup Series race in Brazil still exists, but what about Brazilian talent coming to the United States – and vice versa? NASCAR already has two international Cup drivers thanks Trackhouse Racing.

“We have a driver who is from Mexico, Daniel Suarez, and that’s a great victory for us. Not through our driver development program, (but) we also have Shane Van Gisbergen from New Zealand (who) used to race in Australia. We’d like to have drivers from all over the world coming to race with us, in our three national categories, but in particular in our main category, like what Daniel and SVG are doing.”

“We’d like to have a Brazilian come out of NASCAR Brazil, come and race with us full-time, and, you know, compete for wins and championships. So we’re excited about this prospect, I was very impressed with the number of drivers I saw and how fast they were and their abilities, and we’re excited about this happening in the future.”

NASCAR Brazil

NASCAR Brazil

Seigler also commented on the current status of NASCAR Brazil and the optimism series officials have regarding the Brazilian category.

“I personally think we are exceeding expectations of where we thought we would be,” said Seigler. “You could see last weekend at Interlagos the fans, the excitement. You could hear this week the excitement when overtaking was done. You can see that the fans are getting used to our style of racing.”

Also regarding the chances of a Brazilian driver competing in the United States, Seigler made a point of recalling the recent feat of Gabriel Casagrande, who won a race at New Smyrna in his first experience on a US oval and with a Late Model. Casagrande is also a three-time Stock Car Brazil champion, winning three of the last four titles.

“I saw what Gabriel did when he came to Florida a few weeks ago. He really just showed how talented Brazilian drivers are. This is a guy who’s never been on an oval circuit, never been in a Late Model. He came to the United States, was fast in practice, won a race and that’s one of the things about Brazil that catches our eye.”

“We know the history of the drivers and we know their development and I think where we see it, there’s this great opportunity and I know a lot of people talk about what we did in Mexico with Daniel Suárez. When we can do something like that in Brazil, it will help us.”

“It’s going to be a two-way street. One, it’s going to help make the category in Brazil even more popular for drivers who can see that way to the US if they want to. And then, it’s also going to make that Brazilian fan have someone to cheer for in the United States. So the driver development part is critical for us in the future,” he concluded.

Ex-F1 driver Nelson Piquet Jr. is the only Brazilian to win in the three national levels of NASCAR, winning once in the Xfinity Series and twice in the Truck Series. This year, four-time Indy 500 winner Helio Castroneves made his Cup debut in the Daytona 500, but his night ended with an early wreck. He is the only Brazilian driver to have run a race at any of the three national levels this year.

Richard Childress Racing in the NASCAR Cup Series at Michigan International Speedway… In 188 NASCAR Cup Series starts at Michigan International Speedway, Richard Childress Racing has recorded three wins with drivers Dale Earnhardt (1987, 1990) and Kevin Harvick (2010), and one pole award with Jeff Burton (2006). RCR has 26 top-five finishes and 60 top-10 finishes in Cup Series competition at Michigan. Earnhardt scored the first Michigan win for the organization in dominating fashion, leading 152 of 200 laps in June 1987. His second win, in June 1990, came when he beat Ernie Irvan to the checkered flag by just .22 seconds. Harvick’s victory in August 2010 came after the No. 29 team elected to gamble late in the race, giving the California native his first win at in the Irish Hills.

Did You Know… Richard Childress made 17 starts at Michigan International Speedway during his NASCAR Cup Series driving career between 1972 and 1981. Childress earned four top-10 finishes at Michigan, with a career-best finish of sixth in June 1974.

Tickets to the 2025 Carolina Cowboys Home Stand Are Available Now… Driven by the same passion for performance that guides his race team, Richard Childress’ latest endeavor brings Professional Bull Riding to the Carolinas. The Carolina Cowboys represent the Carolinas in the PBR Team Series, an elite league featuring the world’s top bull riders competing in games throughout the country. The team is owned by Richard Childress and Jeff Broin with 2018 Daytona 500 Champion Dillon serving as General Manager. Don’t miss the Carolina Cowboys 2025 “Cowboy Days” Home Stand September 12-14 at First Horizon Coliseum in Greensboro, North Carolina. Tickets are on sale at PBR.com and Ticketmaster.

Watch Us on Amazon Prime… The NASCAR Cup Series race at Michigan International Speedway will be televised live on Sunday, June 8, beginning at 2 p.m. ET on Amazon Prime, the third of five consecutive races this season that will air on the streaming service. The race will be broadcast live on the Motor Racing Network and SiriusXM NASCAR Radio Channel 90. NASCAR Cup Series Practice & Qualifying at Michigan International Speedway will also be broadcast on Amazon Prime. Ride shotgun all season long with live, in-car camera feeds and scanner audio with a paid subscription to Max as part of their NASCAR driver cam experience during the race.
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Austin Dillon and the No. 3 Dow MobilityScienceTM Chevrolet at Michigan International Speedway… Austin Dillon has 21 career NASCAR Cup Series starts at Michigan International Speedway, posting his best finish of fourth in August 2018. He owns two top-five finishes, five top-10 finishes and has led 39 laps in Cup Series competition at the track. Additionally at Michigan, Dillon owns one NASCAR Xfinity Series win (2018) and two pole awards (2012 and 2013) in four Series starts. He also has four starts in the NASCAR Truck Series at Michigan, earning two top-five finishes and one pole (2010) with 38 laps led. In his lone ARCA Menards Series start at Michigan, Dillon finished second (2009).

Winner, Winner… Dillon won a rain-shortened NASCAR Xfinity Series race at Michigan International Speedway in 2018, leading 18 laps enroute to victory in the No. 3 Bass Pro Shops/Cabella’s Chevrolet.

Dow brings a science and engineering crew who is driven by limitless curiosity to the RCR Team… Dillon and the RCR team are again supported by Dow’s materials science expertise and technologies this season. Backed by the power of data analysis and virtual modeling, Dow develops and manufactures high-performance components and materials custom-made for the No. 3 car. Dow and RCR’s partnership has expedited innovation and shortened testing time in the automotive industry by using one of the most extreme environments – the racetrack – as a real-time testbed. After 12 years of collaboration, Dow scientists and RCR engineers are continuing to work together to make the No. 3 car faster, safer, and more precise. Stay up to date with Dow’s exciting developments at www.dow.com/sports, and follow them on X (@DowSports) and LinkedIn (Dow Sports Marketing Solutions).

Dow MobilityScience™… Dow’s MobilityScience™ platform is designed to enhance the customer experience by tailoring technologies, products, and services from across Dow businesses to the transportation industry. The platform is pursuing accelerated growth by addressing Mobility mega-trends – where lighter weight, longer range, greater comfort, enhanced safety, and lower carbon footprint are the ultimate objectives. That is where Dow science, innovation, and people step in – working closely with customers to create the materials that bring the possibilities to life.

Hey Batter, Batter… Dillon and his teammate, Kyle Busch, are scheduled to visit the Detroit Tigers on Friday to participate in batting practice with the team in advance of the first of a three-game series against the Chicago Cubs. Dillon played in the Little League World Series in 2002.

Meet Dillon… Dillon is scheduled to make a stop at the RCR Merchandise hauler in the fan midway at Michigan International Speedway on Sunday, June 8, at 10:20 a.m. Local Time. Stop by to meet the driver of the No. 3 Dow MobilityScienceTM Chevrolet and get new RCR gear.

AUSTIN DILLON QUOTES:

What are your thoughts on Michigan International Speedway?

“Michigan International Speedway is a big, fast, two-mile oval. It’s the fastest track on the NASCAR schedule. You’re always trying to make moves and get big runs when you can. Michigan is one of those places where you definitely feel the speed as soon as you get there. Getting to pit road can be tricky because you’re coming in so fast, and it’s key to entering and exiting without any penalties. Michigan provides long green flag runs, and it’s hard to make up a lap there. Overall, I really like racing at Michigan.”

What makes racing at Michigan International Speedway especially important for you and your team?

“When we race at Michigan International Speedway, you always want to perform well for your manufacturer. That’s a big race for all the OEMs, and we want to put Chevy out front at all costs. Michigan is also the home of Dow, which makes it even more meaningful. We want to put on a great race and create a great experience for everyone from Dow who comes out to see the No. 3 Dow Chevrolet on track.”

You’ve had some memorable races at Michigan International Speedway in the past, and have come close to winning there…

“We’ve had some good races in the past at Michigan International Speedway, and some really fast Chevrolets. You always want to perform in front of your manufacturer’s home, and for everyone at Dow. I remember having a shot to win in 2023. We were really fast and then I almost got flipped upside down by Brad Keselowski at the start/finish line and wrecked. It’s racing. It happens in this sport.”

Kyle Busch and the No. 8 BetMGM Chevrolet at Michigan International Speedway… Sunday’s 400-mile race will mark Kyle Busch’s 37th career NASCAR Cup Series start at Michigan International Speedway. Busch earned his lone win at the two-mile oval in August 2011 and boasts 10 top-five finishes and 16 top-10 finishes at the track. Additionally at Michigan, the 40-year-old driver has led 303 laps, holds an average starting position of 12.3 and an average finish of 17.2.

A Winning Tradition… In August 2011, Busch passed Jimmie Johnson in Turn 1 with 12 laps to go and survived a late restart following a caution that extended the race an extra three laps to earn his lone win at the D-shaped oval. It was the first victory for Busch in 14 tries in the Cup Series at Michigan. The win was the series-leading fourth of the season at the time for Busch. Busch also owns two wins in the NASCAR Xfinity Series at Michigan (August 2004 and June 2015), and one win in the NASCAR Truck Series (August 2015).

A Look Back… In last year’s Cup Series race at Michigan, Busch started 13th after much of practice and qualifying rained out. He worked his way forward in the race, claiming the second stage. The No. 8 team took a late-race gamble in the form of a two-tire pit stop, which culminated with Busch claiming a solid fourth-place finish when the rain-delayed race ended Monday.

Testing… Following last week’s NASCAR Cup Series race at Nashville Superspeedway, Busch and the No. 8 team participated in the Goodyear tire test at Iowa Speedway.

Hey Batter, Batter… Busch and his teammate, Austin Dillon, are scheduled to visit the Detroit Tigers on Friday to participate in batting practice with the team in advance of the first of a three-game series against the Chicago Cubs.

Meet Busch… On Sunday, June 8 at 11:25 a.m. ET, Busch is scheduled to visit the Chevrolet display in the Michigan International Speedway midway for a question and answer session.

About BetMGM… BetMGM is a market leading sports betting and gaming entertainment company, pioneering the online gaming industry. Born out of a partnership between MGM Resorts International (NYSE: MGM) and Entain Plc (LSE: ENT), BetMGM has exclusive access to all of MGM’s U.S. land-based and online sports betting, major tournament poker, and online gaming businesses. Utilizing Entain’s U.S.-licensed, state-of-the-art technology, BetMGM offers sports betting and online gaming via market-leading brands including BetMGM, Borgata Casino, Party Casino and Party Poker. Founded in 2018, BetMGM is headquartered in New Jersey. For more information, visit https://sports.betmgm.com/en/blog.

KYLE BUSCH QUOTES:

How big of a factor is the draft at Michigan International Speedway?

“Over the last couple of years with this new Next Gen car, the draft at Michigan International Speedway has become less effective in my opinion. These cars don’t quite suck up on the straightaways the way the old cars could.”

Is it refreshing to race at a place like Michigan International Speedway where you can move around the track and find a line that works?

“Michigan over the years has been pretty lane dominant, but with the addition of the traction compound through the corners, it has led itself to widening out and allowing you to try different grooves. It still isn’t as wide as it once was. Back in 2013 you could race along the wall, but it’s getting better and going in that direction.”

Looking back at this race last year, what do you remember about that fourth-place finish?

“I wish I came off pit road with about an eight-second lead. That might’ve helped a little bit. Overall, just net positive on the weekend being upfront and having a shot at the win. We ran in the top 10 all day. It was a really good call by Randall Burnett and the guys to take two tires, get us more track position and just try to hold the leaders off as best we could. Overall, it was a good day for our RCR team.”

RCR PR

BROOKLYN, Mich. (WILX) – NASCAR is coming to Michigan, and fans can expect to see quite the crowd.

Tens of thousands of visitors are planning on making their way to the Michigan International Speedway (MIS) on Friday.

MIS officials are expecting the speedway to be almost full with spectators, along with a full infield camping site.

Joe Fowler, MIS’ president, said he’s looking forward to having NASCAR back in Michigan.

“You know it’s always good to have our fans back, and we have a passionate group of fans here in the state of Michigan, you know, seeing them all here having a good time and here for NASCAR racing, it’s what we work for all year long,” said Fowler.

The speedway is going to host three races:

ARCA Menard Series: Friday. June 6

NASCAR Craftsman Truck Series: Saturday, June 7

NASCAR Cup Series: Sunday, June 8

Tickets are still available for purchase for the races. Click here for more information.

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A United States appeals court on Thursday vacated a preliminary injunction that allowed Michael Jordan’s 23XI Racing and another NASCAR team to be treated as chartered teams, putting the teams’ futures in NASCAR in question.

23XI Racing — whose owners include Jordan and NASCAR driver Denny Hamlin — and Front Row Motorsports refused to sign a take-it-or-leave-it charter agreement NASCAR presented in September, while the other 13 organizations in the Cup Series proceeded to sign.

The two holdouts filed an antitrust lawsuit against NASCAR the following month. In December, U.S. District Judge Kenneth D. Bell granted the teams’ request for a preliminary injunction to be recognized as chartered teams while their lawsuit was active.

NASCAR slammed that decision and brought an appeal to the Fourth Circuit Court of Appeals in Richmond, Va. On Thursday, a three-judge panel unanimously ruled in NASCAR’s favor and vacated the preliminary injunction.

“In short, because we have found no support for the proposition that a business entity or person violates the antitrust laws by requiring a prospective participant to give a release for past conduct as a condition for doing business, we cannot conclude that the plaintiffs made a clear showing that they were likely to succeed on the merits of that theory,” the decision read in part. “And without satisfaction of the likelihood-of-success element, the plaintiffs were not entitled to a preliminary injunction. … We therefore conclude that the district court abused its discretion in entering the preliminary injunction that it did.”

23XI Racing and Front Row are still allowed to compete in the Cup Series, but having charter status guarantees them automatic spots in races and they would earn more money with a charter than as “open” teams. An open team must qualify their way into each race.

They can also file for a petition for rehearing.

–Field Level Media