The plot thickens. The NASCAR lawsuit has been raging since October 2024, and the signs of a peaceful settlement seem to dwindle with each passing day. Michael Jordan’s 23XI Racing and Bob Jenkins’ Front Row Motorsports undertook a task to delve into NASCAR’s alleged ‘monopolistic practices’. Such a stance was historic in the sport’s 77 years of existence, as most people thought that such a legal battle would inevitably result in an easy win for the behemoth sanctioning body.

However, recent developments are increasingly tilting the favor of the teams. Among those are a series of leaked text messages shared between NASCAR’s top executives. They are not pleasant as such, and they point to an interesting path forward in the lawsuit.

Understanding the Leaked Messages and How They Fit Into an Ongoing Legal Battle

Although the trial date for the NASCAR lawsuit is set for December 1st, a dramatic fallout has already happened. In a batch of redacted exhibits filed ahead of the summary-judgment hearings on November 22 were a few text messages. First, some mocked Tony Stewart’s Superstar Racing Experience, which is now defunct. NASCAR did not view SRX as a harmless offseason project but as a strong competitor. Hence, the worrisome tone in the executives’ messages was hard to miss.

Steve O’Donnell, current President of NASCAR, wrote in early 2023:

“This is NASCAR. Pure and simple. Enough. We need legal to take a shot at this.”

Steve Phelps, NASCAR Commissioner, replied with jarring words: “These guys are just plain stupid. Need to put a knife in this trash series.”

Several prominent Cup Series stars like Chase Elliott, Kyle Busch, and Denny Hamlin had engaged in SRX, which was apparently not viewed so kindly by the stock car racing body.

Further revelations were more shocking, and messages involved targeting Richard Childress. Steve Phelps called Childress a “bloody stupid redneck who made their fortune because of NASCAR.”

He also referred to him as an “idiot”, and later said, “this dinosaur and a pain in the arse — total bloody clown.” Phelps then went on to say that if the team owners disliked the system, they should just “get rid of the charter and get the hell out of here.”

The aggressive tone in these messages shows how NASCAR is attempting to control the sport. And so they can potentially further solidify the NASCAR lawsuit’s objective – to prove that the sanctioning body is ‘monopolistic.’

What Could Happen If NASCAR Wins the Antitrust Case 

However, as jaw-dropping as the newly revealed messages are, they are still speculative. Hence, it’s well within the realm of possibility that NASCAR may win the lawsuit after the trial begins on December 1st. If that occurs, then the sanctioning body will take Michael Jordan and Co.’s first protests into account. The lawsuit was launched when 23XI and FRM refused to sign the new charter deal in 2024; hence, both teams will lose their charters permanently and possibly fizzle out of the sport.

In August this year, some concerning text messages in the 23XI Racing fold came out. Those involved some bitter words from Michael Jordan and Steve Lauletta, president of 23XI, spelling a blow to the teams in the lawsuit. What’s more, both 23XI and FRM were racing without charters before the 2025 season ended.

Recently, an internal rift was visible in 23XI, as executives Curtis Polk and Eugene Mason denounced the talents of Denny Hamlin, co-owner of the team. Evidently, such instances are not good signs for the teams in the lawsuit.

How the Landscape Might Shift If Michael Jordan & Co. Prevails in the Lawsuit

And then there is the other side of speculation. What if Michael Jordan and Co. prevail over NASCAR? This is an outcome that the rest of the Cup Series teams are dreading. In August, U.S. District Court Judge Kenneth D. Bell warned that NASCAR would be reshaped forever, including possible forced sales of racetracks. He also said that charters would “look different even if the charter system survives.” Holding one charter, which is valued anywhere from $30 million to $50 million, guarantees revenue and starting spots in races.

And NASCAR has already charted a plan of action if it loses the lawsuit. In early November, the team said that it would appeal to the U.S. Court of Appeals for the 4th Circuit.

“NASCAR looks forward to proving that it became the leading motorsport in the United States through hard work, risk-taking, and many significant investments over the past 77 years,” NASCAR’s statement read.

“The antitrust laws encourage this — and NASCAR has done nothing anticompetitive in building the sport from the ground up since 1948.” It continued, “NASCAR believes in the charter system and will continue to defend it from 23XI and Front Row’s efforts to claim that the charter system itself is anticompetitive.”

Whatever the result may be, Judge Bell has indicated that the potential ramifications of a trial could be ruinous for all involved, including the prevailing side. Now the trial seems to have become inevitable – and all we can do is wait and see which side wins.