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Michael Jordan’s 23XI, NASCAR have first preliminary hearing regarding antitrust lawsuit

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Michael Jordan’s 23XI, NASCAR have first preliminary hearing regarding antitrust lawsuit

CHARLOTTE, N.C. — 23XI Racing co-owners Michael Jordan and Denny Hamlin started off NASCAR championship week by facing the sanctioning body in federal court.

23XI, which along with Front Row Motorsports is suing NASCAR and its CEO Jim France for antitrust violations, had its first in-person courtroom showdown with NASCAR during a Monday hearing over a preliminary injunction request.

On the fifth floor of the federal courthouse in Charlotte, the teams’ attorney, Jeffrey Kessler, sparred with NASCAR attorney Chris Yates in a spirited, sometimes contentious hearing. At stake is a clause in NASCAR’s 2025 charter agreement with teams that does not permit them to bring legal action; 23XI and FRM asked Judge Frank Whitney to waive that clause and allow them to sign the agreements so they can continue racing, either as charter teams or non-charter “open” teams.

“We literally cannot practice our profession at all without signing this release,” Kessler said.

The teams hope Whitney will both waive the clause and reinstate the original charter offer NASCAR had on the table Sept. 6, when 13 owners signed it. The DocuSign originally had a deadline of Nov. 5, Kessler said, but NASCAR has now withdrawn it.

Yates said NASCAR no longer wants to enter into a charter agreement with the teams after they have disparaged NASCAR publicly.

“They have been calling NASCAR a series of names that undermine NASCAR’s brand and goodwill,” Yates said. “NASCAR only wants to enter into charter agreements with teams who want to work collectively to grow the sport.”

Yates added the teams have made a “frontal assault on the charter system” and argued NASCAR is not a monopoly for several reasons, including the availability of 128 other tracks on which stock cars could race in the United States aside from the 26 Cup Series venues.

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Why are 23XI and Front Row suing NASCAR? Here’s what you need to know

He also said the owners could choose to do something else with their business aside from running a NASCAR team, such as “buying another NBA team,” a nod to Jordan’s former ownership of the Charlotte Hornets. But Kessler said the suggestion 23XI and FRM could suddenly change their business model, even to another racing series, would be like asking a football player to become a baseball player.

Jordan spent much of Yates’ arguments leaning forward intently from his seat in the front row of the courtroom, sometimes with a smirk and other times holding his chin.

Yates said under the 2025 charter agreement, race teams will receive approximately half of all TV revenues and said the worst-performing charter team would get a 50 percent increase in payouts from the current agreement.

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He said NASCAR was contractually obligated to inform teams of the purse money for next season by Nov. 1, which is why NASCAR has reduced the number to 32 charters with no plans to re-offer 23XI and FRM their existing four combined charters. Charters offer guaranteed entry into each Cup Series race, along with a higher share of the race winnings. Yates claimed the teams were asking the judge to force NASCAR into a seven-to-14-year agreement by rewriting the contract “on their preferred terms.”

“They’re trying to force NASCAR into an unwanted charter relationship,” he said.

Kessler denied that and said the teams only wanted the judge to waive the clause for the length of this case, adding: “Hopefully it doesn’t take 14 years.”

Yates also said the teams’ contention that many owners were coerced into signing the new agreement on Sept. 6 was false, because team owners like Roger Penske, Rick Hendrick and Pro Football Hall of Fame coach Joe Gibbs are not the type of people who get pushed around. He also quoted Hendrick and owner Justin Marks as saying they were pleased with the terms of the new charter agreement.

At one point, Kessler loudly said Yates was “manufacturing facts” and “misrepresenting” the teams’ case to mislead the judge. Kessler rephrased the terms of what the teams were asking for “so even (Yates) can understand it.”

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Responded Yates: “We disagree on pretty much everything he’s argued.”

Kessler also revealed 23XI’s driver contract with Tyler Reddick would allow the driver to leave as a free agent if 23XI did not have a charter for him, along with the team’s sponsors.

Reddick is one of four drivers competing for the NASCAR Cup Series championship on Sunday at Phoenix Raceway. Prior to the hearing, Whitney told those in the room he hadn’t seen his courtroom so full “in several years” and added, “I feel like I have two full law firms in front of me, too.”

Whitney initially appeared skeptical of Kessler’s claims while being more open to Yates’ arguments, but the rebuttals from Kessler left the two sides on even ground.

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The judge praised both attorneys for their “extraordinary” and “very excellent arguments” and said he would give a written decision by Friday.

Both sides appeared pleased afterward. Though NASCAR did not comment, France turned around and winked at senior advisor Mike Helton in the row behind him.

And Jordan, addressing reporters outside the courtroom, said Kessler “did an unbelievable job today.”

“I put all my cards on the table,” Jordan said. “I think we did a good job of that. But I’m looking forward to winning the championship this weekend.”

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(Photo: Sean Gardner / Getty Images)

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Book Review: ‘America, U.S.A.,’ by Eddie S. Glaude Jr.

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Book Review: ‘America, U.S.A.,’ by Eddie S. Glaude Jr.

AMERICA, U.S.A.: How Race Shadows the Nation’s Anniversaries, by Eddie S. Glaude Jr.


For those of us in the national memory-keeping business, anniversaries hold near-totemic power. Satisfyingly round units of time, ideally bearing fancy, Latin-derived names, serve as the overburdened pegs on which to hang think pieces and museum exhibits, revisionist documentaries and maudlin public ceremonies. The arbitrary nature of such occasions is precisely what gives them their charge, inviting us to set aside complacency and submit to a comprehensive check-in.

In his new book, “America, U.S.A.,” Eddie S. Glaude Jr. presents an intriguing variation on the genre, seeing the country’s 250th birthday as an anniversary of anniversaries: 50 years since the malaise-ridden, schlock-heavy Bicentennial. A century since the subdued Prohibition-era Sesquicentennial. A century and a half since telegraphed reports of George Armstrong Custer’s defeat by the Lakota and Cheyenne at Little Bighorn rudely interrupted the Gilded Age Republic’s 100th birthday party.

If an anniversary offers a snapshot of a moment, the core of Glaude’s book is an old-timey photo album, a collection of notable episodes from earlier national reckonings, long-ago glances in the mirror. An estimable scholar of Black history, politics and religion at Princeton — best known for “Begin Again,” his 2020 meditation on James Baldwin’s relevance for our times — Glaude focuses, as his subtitle puts it, on “how race shadows the nation’s anniversaries.”

Such celebrations, he contends, have never really been the moments for honest self-reflection they are often advertised to be. Instead, the nation usually shatters the mirror, refusing to accept what it prefers not to see. “American anniversaries are often moments to turn a blind eye to the evils of the past and the present,” Glaude writes, “to suppress the fact of America’s divided soul.”

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It’s a clever concept, and, needless to say, perfectly timed. Last year, Glaude notes, the Trump administration executed a hostile takeover of the government’s studiously bipartisan 250th anniversary planning. It is now preparing a program that is certain to conceal more than it reveals about the country ostensibly being celebrated.

Glaude, in no mood for celebration, argues that such omissions and evasions also defined commemorations in the past. In 1875, Frederick Douglass predicted “one grand Centennial hosannah of peace and good will to all the white race of this country.” He was right: The nation reached 100 years old at a crucial moment in the post-Civil War fight over racial equality, with white Northerners ready to give up on Southern Reconstruction. The occasion would help the once-warring sections to reunite around a shared commitment to white supremacy. On May 10, 1876, at the opening of the Centennial Exposition in Philadelphia, the police tried to bar Douglass from the grandstand, until a white politician vouched for him.

The 150th anniversary came soon after a resurgent Ku Klux Klan successfully pushed for a restrictive immigration law aimed at keeping America a “Nordic” nation. At the lavishly funded, lightly attended celebrations in Philadelphia, Black veterans of World War I were excluded from marching in the opening parade. A writer with The Associated Negro Press wondered “what was in the breast of those black men who fought to make America safe for Democracy and on Monday stood on the sidelines, forgotten, as the Nordic strode by in all his vain pride.”

By 1976, when the nation marked its Bicentennial, the violence of the ’60s had destroyed any semblance of consensus. Vietnam and Watergate had eroded trust in the government. The commission initially tasked with organizing the anniversary was disbanded amid reports of corruption. Corporations filled the vacuum, Glaude explains, with “star-spangled whoopee cushions; patriotic toilet seats; Liberty hamburgers; red, white and blue beer cans.” The author, around 8 years old at the time, dimly remembers donning a pair of tricolor trousers.

A half-century later, Glaude is refreshingly honest about the depths of his despair. “I do not love America, and never have, especially now,” he writes in one of the more startling opening sentences I’ve read in some time. He dismisses this year’s Semiquincentennial as reaching back “to a storybook America that requires either the banishment of Black people from view or the reduction of our role in the country’s history, so as to affirm America’s ongoing quest to be a more perfect union.”

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Undoubtedly true. But Trump doesn’t own the country, at least not yet, nor the 250th anniversary of one of the most radically liberatory and confusingly contradictory events in world history — an inspiration, as Glaude shows, even to critical observers of the American experiment, like Douglass. Far from the revanchist MAGA-palooza in Washington, I suspect this summer’s unasked-for invitation to national soul-searching may surprise us yet.

Despite his despair, Glaude concludes that “the past still offers resources for us to freedom-dream.” So, too, does this book.


AMERICA, U.S.A.: How Race Shadows the Nation’s Anniversaries | By Eddie S. Glaude Jr. | Crown | 270 pp. | $31

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Summer’s Best Beach Reads

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Summer’s Best Beach Reads

Moore is a dependable ingredient in any summer reading soufflé. Her airy novels accomplish what they came to do: entertain and transport, without the pyrotechnics of, say, books that eschew quotation marks. In “Down With the Shipmans,” three sisters, laden with baggage, converge on their late mother’s beach cottage, only to learn that their father and his much younger wife are planning to sell the place.

The stakes are high, the drama is juicy and the views are sublime. Moore even provides two beach dogs — Leo (an unruly pit bull mix) and Cinnamon (“golden retriever, red bandanna, long pink tongue”) — to keep things lively. (Comes out June 2)

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Video: The A.I. threat to audiobooks

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Video: The A.I. threat to audiobooks

new video loaded: The A.I. threat to audiobooks

Artificial intelligence has made pirated audiobooks faster to make and harder to detect. Our reporter Alexandra Alter tells us about the latest threat to the publishing industry.

By Alexandra Alter, Léo Hamelin and Laura Salaberry

May 20, 2026

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