All it took was one legal twist for NASCAR to gain the upper hand in the ongoing antitrust lawsuit. They leaned on Federal Rule of Evidence 615 to petition the court to exclude two of 23XI Racing’s three co-owners from the courtroom, claiming they may become witnesses. In the blink of an eye, Judge Kenneth Bell approved the request, cornering the team into making a tough call. And so they did.

Ahead of December’s high-stakes 23XI Racing vs. NASCAR trial, Michael Jordan has officially been named the team’s corporate representative. The move positions the NBA legend at the heart of the legal showdown, giving him full access to every witness testimony and signaling just how seriously the team takes his presence in the North Carolina courtroom.

23XI Racing confirms Michael Jordan to represent the organization

Owned by Jordan, Denny Hamlin, and Curtis Polk, FOX Sports’ Bob Pockrass confirmed that the team has already chosen Jordan to be the face of the organization throughout the trial beginning December 1. During pre-trial filings, the team pushed for Hamlin and Polk to also be allowed in the room, underscoring how essential all three owners are to the team’s operations and strategy.

Moreover, it was Jeff Gluck of The Athletic who pointed out the strategic value of having Jordan present throughout the trial, noting, “This had to be the move. Jeffrey Kessler obviously wants a jury of North Carolina residents to see Michael Jordan every day in the courtroom.”

And the reason is that Michael Jordan could be considered the native son of North Carolina. Although he was born in Brooklyn in New York, his family moved to Wilmington, North Carolina, when the NBA legend was just five years old. That makes him someone whose roots, early struggles, triumphs, and identity are deeply intertwined with the state. It also makes him immediately recognizable and, importantly, relatable to a local jury.

It also makes perfect sense, as the 62-year-old made it clear that he has pushed for a change that goes far beyond protecting his team or fellow co-owners. He framed the lawsuit as a fight for fairness across the entire motorsport landscape, especially for the smaller teams trying to survive in the Cup Series. He stressed that the outcome should uplift everyone involved, underscoring how much the dispute matters not just for the sport in North Carolina but nationwide as well.

As he put it on October 6, 2024: “I think everybody should have an opportunity to be successful in any business. My voice is saying that it hasn’t been happening… Hopefully, we [at both sides] can come to our senses and figure out something that can make sense for everybody.”

NASCAR pushed for limits, arguing that only one of the three co-owners should be allowed to sit in before providing testimony. While 23XI Racing is allowed to select a single company representative, the sanctioning body has the right to restrict the remaining two owners from attending early proceedings. As a result, Jordan stands as the lone voice for 23XI Racing inside the courtroom when the trial kicks off.

All of this seems to be fitting in well for 23XI Racing against NASCAR’s request. However, a legal sports expert thinks otherwise.

Why the December trial won’t settle the 23XI vs. NASCAR war

A new layer has been added to the unfolding NASCAR saga. Legal analyst Michael McCann of Sportico offered a reality check on the timeline, noting that the December trial is far from the finish line.

“The trial also won’t be the last word. Whichever side loses can, and almost certainly will, appeal to the U.S. Court of Appeals for the Fourth Circuit. The Fourth Circuit might not have the last word either, as the losing party could then petition the U.S. Supreme Court. It’s not beyond the realm of possibility this sports antitrust dispute, like so many others in recent years, lasts several years,” he explained.

He added the fight would climb all the way to the US Supreme Court, suggesting this antitrust clash could stretch on for years.

The lawsuit was already projected to be a long haul, as it was filed by the two teams on October 2, 2024. FOX Sports’ Bob Pockrass previously estimated the legal battle could run two years or more, with appeals taking another year or longer. In short, no one can predict when this dispute might finally end.

This week brought another headline. With 23XI Racing naming co-owner Michael Jordan as its corporate representative, McCann believes his presence will matter.

“When Jordan testifies, he will be instantly familiar to jurors, which could make his testimony especially impactful,” McCann noted. “That is also true when he faces cross-examination and is forced to answer difficult questions, including about potential drawbacks to the trial outcome he seeks.”

U.S. District Judge Kenneth Bell is set to oversee the 10-day trial in Charlotte. Unless the parties settle over the Thanksgiving holiday, the legal showdown will move forward as scheduled.