While the outcome of the antitrust lawsuit against NASCAR remains unclear, there’s now one certainty: The teams suing NASCAR — Michael Jordan’s 23XI Racing and Front Row Motorsports — will race in 2025.

The teams said Saturday morning NASCAR modified the 2025 “open” agreement for all teams by removing a clause preventing them from bringing legal action. That clause was the subject of an injunction request that is now under appeal.

Though the teams continue to seek a court order to race as “charter” teams — which comes with guaranteed entry into each race, along with much higher payouts — the new development means 23XI and Front Row will at a minimum be allowed to show up for each race. While that seemed like a likely outcome, the teams can reassure their drivers and sponsors they’ll still be competing as the lawsuit continues to move forward.

“We are pleased to announce that NASCAR has removed the anticompetitive release requirement in its open agreement, which will now allow 23XI and Front Row Motorsports to race as open teams in 2025,” the teams’ attorney Jeffrey Kessler said in a statement.

“My clients will continue their appeal to the Fourth Circuit to issue an injunction so that they can run as chartered teams therefore avoiding irreparable harm.

“Both race teams are pleased that they will continue to be a participant in this sport that they love while fighting to make it fair and just for all.”

Racing as “open” teams does come with competitive risk. If more than 40 cars show up for an event such as the Daytona 500, the drivers would have to qualify their way into the field — meaning there’s a chance big names like Bubba Wallace and Tyler Reddick could miss the race.

NASCAR and the teams faced off in court on Nov. 4, when the teams asked U.S. District Court Judge Frank Whitney for a preliminary injunction that would both waive the clause in question and allow them to sign the charter agreements that was offered on Sept. 6. But on Nov. 8, the judge denied the teams’ request and ruled it was too early for them to claim the level of irreparable harm that meets the standard for an injunction.

“Although Plaintiffs allege they are on the brink of irreparable harm, the 2025 racing season is months away — the stock cars remain in the garage,” Whitney said.

“At this stage, the teams are no closer to irreparable harm than they are to the command, ‘Drivers, start your engines,’ at the first race of the 2025 season.”

The teams appealed Whitney’s decision to the Fourth Circuit Court of Appeals, but no date has been set for a potential hearing.

NASCAR did not immediately respond to a request for comment.

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(Photo: James Gilbert / Getty Images)