RICHMOND, Va. — A three-judge federal appellate panel indicated Friday it might overturn an injunction that allows 23XI Racing, co-owned by retired NBA great Michael Jordan and veteran driver Denny Hamlin, and Front Row Motorsports to race as chartered teams in NASCAR this season while the two teams sue the stock car series over alleged antitrust violations.
NASCAR attorney Chris Yates argued the injunction, granted in December by U.S. District Judge Kenneth Bell of the Western District of North Carolina, forced the series into an unwanted relationship with unwilling partners, and that it harms other teams because they earn less money.
Yates said the district court broke precedent by granting the injunction, saying the “release” clause in the charter contracts forbidding the teams from suing is “common.” He argued, essentially, that the teams should not have the benefits of the charter system they are suing to overturn.
Overturning the injunction would leave the two organizations able to race but without any of the perks of being chartered, including guaranteed weekly revenue. They would also have to qualify at every Cup Series event to make the field, which currently has only four open spots each week; 23XI and Front Row are each running three cars in Cup this season.
Judges Steven Agee, Paul Niemeyer and Stephanie Thacker, at multiple points during the 50-minute hearing at the U.S. Court of Appeals for the Fourth District, pushed back on the argument made by plaintiff’s attorney Jeffrey Kessler, who accused NASCAR of being a monopoly.
“There’s no other place to compete,” Kessler told the judges, later noting that overturning the injunction would cause tremendous damage to the two teams, which could lose drivers and sponsors. “It will cause havoc to overturn this injunction in the middle of the season.”
The teams filed the antitrust lawsuit against NASCAR on Oct. 2 in the Western District of North Carolina, arguing that the series bullied teams into signing new charters that make it difficult to compete financially. That came after two years of failed negotiations on new charter agreements, which is NASCAR’s equivalent of franchise deals.
23XI – co-owned by Jordan, Hamlin and Curtis Polk, a longtime Jordan business partner – and Front Row Motorsports, were the only two out of 15 charter-holding teams that refused to sign new agreements in September.
The charters, which teams originally signed before the 2016 season, have twice been extended. The most recent extension runs until 2031, matching the current media rights deal. It guarantees that 36 of the 40 available spots in weekly races will go to teams holding charters.
The judges expressed agreement with Yates’s argument that the district court had erred in issuing the injunction allowing the teams to race, because it mandated they sign the NASCAR charter but eliminated the contract’s release.
“It seems you want to have your cake and eat it, too,” Niemeyer told Kessler.
At another point, the judge pointedly told Kessler that if the teams want to race, they should sign the charter.
Yates contended that forcing an unwanted relationship between NASCAR and the two teams “harms NASCAR and other racing teams.” He said that more chartered teams would earn more money if not for the injunction and noted that the two teams are being “given the benefits of a contract they rejected.”
Kessler argued that even if the district court’s reasoning was flawed, other evidence should lead the circuit court to uphold the injunction. Niemayer disagreed.
“The court wanted you to be able to race but without a contract,” he said.
A trial date is set for December and Agee strongly urged the sides to meet for mediation – previously ordered by a lower court – to attempt to resolve the dispute over the injunction.
“It’ll be a very interesting trial,” Agee said with a wry smile.
The prospect of successful mediation seems unlikely. Yates told the judges: “We’re not going to rewrite the charter.”
Jesse joined ESPN Chicago in September 2009 and covers MLB for ESPN.com.
MILWAUKEE — Milwaukee Brewers centerfielder Jackson Chourio‘s status for Game 2 of the NLDS against the Chicago Cubs on Monday is uncertain after an MRI on his right hamstring came back inconclusive, according to manager Pat Murphy.
Chourio, 21, left Game 1 on Saturday after legging out an infield hit in the bottom of the second inning. It’s the same hamstring he injured in July — also while playing against the Cubs — putting his immediate playing future in doubt.
“I can’t give you a definitive, but I know that we’re going to test some things today,” Murphy said on Sunday afternoon. “He’s going to be out there today. I don’t know that he’ll do much, but the MRI came back and it’s inconclusive and it’s not a serious hamstring strain, but it’s not necessarily something that won’t limit him.”
Chourio was 3 for 3 in the game before leaving. Murphy indicated rookie Isaac Collins would likely take Chourio’s place in the lineup if the latter player can’t go.
The Brewers manager also announced lefty Aaron Ashby will start Game 2 for his team, though he probably won’t last long after throwing 1⅓ innings on Saturday. He’s likely opening the game to help neutralize Cubs leadoff man Michael Busch — also a lefty — who homered to start Game 1.
“He could go as long as we want him to,” Murphy said of Ashby.
Righty Quinn Priester is likely the bulk innings guy for the Brewers after Ashby, but Murphy stopped short of declaring his plans. The Cubs are countering with lefty Shota Imanaga, who pitched in Game 2 of the wild-card round against the San Diego Padres.
“He’s a competitor,” Cubs manager Craig Counsell said. “And I think he’s a thinking-man’s competitor, and he also pitches with a lot of joy on the mound, while competing at a really high level.”
Imanaga has a 5.73 ERA in four career games against the Brewers, including three starts this season.
“I think all the hitters, they understand what they need to do, and I think that’s the Brewers’ offense,” Imanaga said of his struggles against Milwaukee. “Even yesterday, just the next guy was up, the next guy was ready. So I think, for me, it’s just making sure, take it one out at a time, and then thinking about that one out.”
Murphy was asked about facing the second-year Cub who features a rising fastball and a sinking splitter.
“His heater plays way up,” Murphy said. “If it says 91, the hitter sees it as 95 to 96.”
What does it all mean for the AP Top 25? Let’s break down the rankings.
Stats courtesy of ESPN Research.
All times Eastern.
Previous ranking: 1
2025 record: 5-0
Week 6 result: Defeated Minnesota 42-3
Stat to know: Ohio State has allowed 25 total points this season. That is the fewest points allowed through five games by a Big Ten team since 1985 Michigan.
What’s next: Saturday at Illinois, noon, Fox
Previous ranking: 3
2025 record: 5-0
Week 6 result: Defeated Florida State 28-22
Stat to know: Miami has three straight wins against AP-ranked opponents within a season for the first time since 2004.
What’s next: Oct. 17 vs. Louisville, 7 p.m.
Previous ranking: 2
2025 record: 5-0
Week 6 result: Idle
What’s next: Saturday vs. Indiana, 3:30 p.m., CBS
Previous ranking: 4
2025 record: 5-0
Week 6 result: Idle
What’s next: Saturday vs. Washington State, 12:45 p.m., SEC Network
Previous ranking: 6
2025 record: 5-0
Week 6 result: Defeated Mississippi State 31-9
Stat to know: This is Texas A&M’s first 5-0 start since 2016.
What’s next: Saturday vs. Florida, 7 p.m., ESPN
Previous ranking: 5
2025 record: 5-0
Week 6 result: Defeated Kent State 44-0
Stat to know: This was Oklahoma’s first shutout since its 2023 win over Arkansas State.
What’s next: Saturday vs. Texas (in Dallas), 3:30 p.m., ABC
Previous ranking: 8
2025 record: 5-0
Week 6 result: Idle
What’s next: Saturday at Oregon, 3:30 p.m., CBS
Previous ranking: 10
2025 record: 4-1
Week 6 result: Defeated Vanderbilt 30-14
Stat to know: Kalen DeBoer is now 13-2 in matchups between two ranked teams.
What’s next: Saturday at Missouri, noon, ABC
Previous ranking: 11
2025 record: 5-0
Week 6 result: Defeated Houston 35-11
Stat to know: Texas Tech has now won five straight games by 20-plus points for first time since 1953-54.
What’s next: Saturday vs. Kansas, 7:30 p.m., Fox
Previous ranking: 12
2025 record: 4-1
Week 6 result: Defeated Kentucky 35-14
Stat to know: Georgia has a 16-game win streak against Kentucky.
What’s next: Saturday at Auburn, 7:30 p.m., ABC
Previous ranking: 13
2025 record: 4-1
Week 6 result: Idle
What’s next: Saturday vs. South Carolina, 7:45 p.m., SEC Network
Previous ranking: 15
2025 record: 4-1
Week 6 result: Idle
What’s next: Saturday vs. Arkansas, 4:15 p.m., SEC Network
Previous ranking: 17
2025 record: 5-0
Week 6 result: Idle
What’s next: Saturday vs. Virginia Tech, 3:30 p.m., ACC Network
Previous ranking: 19
2025 record: 5-0
Week 6 result: Idle
What’s next: Saturday vs. Alabama, noon, ABC
Previous ranking: 20
2025 record: 4-1
Week 6 result: Defeated Wisconsin 24-10
Stat to know: Michigan has now won consecutive games against Wisconsin for the first time since 2002.
What’s next: Saturday at USC, 7:30 p.m., NBC
Previous ranking: 21
2025 record: 3-2
Week 6 result: Defeated Boise State 28-7
Stat to know: Against Boise State, Notre Dame had four interceptions in a game for the first time since 2023.
What’s next: Saturday vs. NC State, 3:30 p.m., Peacock
Previous ranking: 22
2025 record: 5-1
Week 6 result: Defeated Purdue 42-27
Stat to know: Illinois has now won consecutive games against Purdue for the first time since 2001-02.
What’s next: Saturday vs. Ohio State, noon, Fox
Previous ranking: 23
2025 record: 5-0
Week 6 result: Defeated West Virginia 38-24
Stat to know: BYU has started 5-0 for the sixth time in program history.
What’s next: Saturday at Arizona, 8 p.m., ESPN2
Previous ranking: 24
2025 record: 5-1
Week 6 result: Defeated Louisville 30-27 (OT)
Stat to know: The win over Louisville is Virginia’s second straight overtime win. Virginia had never won multiple overtime games in a season prior to 2025.
What’s next: Oct. 18 vs. Washington State, 6:30 p.m., The CW
Previous ranking: 16
2025 record: 5-1
Week 6 result: Lost to Alabama 30-14
Stat to know: The loss to Alabama was Vanderbilt’s first game with two red zone turnovers since 2015.
What’s next: Oct. 18 vs. LSU
Previous ranking: 25
2025 record: 4-1
Week 6 result: Idle
What’s next: Saturday at Utah, 10:15 p.m., ESPN
Previous ranking: 14
2025 record: 4-1
Week 6 result: Lost to Cincinnati 38-30
Stat to know: The loss to Cincinnati snaps a five-game conference play win streak dating back to last season.
What’s next: Saturday at Colorado, 3:30 p.m., ESPN
Previous ranking: NR
2025 record: 6-0
Week 6 result: Defeated Tulsa 45-7
Stat to know: Memphis is on a 10-game win streak, the longest active streak in FBS.
What’s next: October 18 at UAB
Previous ranking: NR
2025 record: 4-1
Week 6 result: Defeated Charlotte 54-26
Stat to know: South Florida has won four of its first five games for the first time since 2018.
What’s next: Friday at North Texas, 7:30 p.m., ESPN2
Previous ranking: 18
2025 record: 3-2
Week 6 result: Lost to Miami 28-22
Stat to know: Florida State outscored Miami 19-0 in the fourth quarter