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Happy Hour: Kurt Busch and more

Nick Bromberg
·College football and motorsports writer

Happy Hour is back, back again. Happy Hour is back, back, tell a friend.

Throughout the week you can send us your best questions, jokes, rants and just plain miscellaneous thoughts to happyhourmailbag@yahoo.com or @NickBromberg. We'll post them here and have a good time.

Well, the scenario of conflict just happened for NASCAR.

With the Thursday announcement by the Delaware Department of Justice that Kurt Busch would not be criminally charged in the Sept. 26 incident between he and ex-girlfriend Patricia Driscoll, NASCAR got the perception scenario it was dreading. If Busch would face criminal charges, the sanctioning body would look proactive and correct. Without the charges, does it look reactionary and overbearing?

For some of you, we're sure it does. Though it's important to note what we said immediately after Busch's suspension. NASCAR was in a scenario where there was no clear cut option because the way we view domestic assault punishment has rapidly charged. Had they waited to suspend Busch, the angry cries would have likely been louder. What's the worse perception? Looking like that reactionary and overbearing figure or had Busch been charged and NASCAR not done anything, looking limp-wristed on domestic violence again after the fumbling of the Travis Kvapil situation?

Let's get to the reaction.

In light of Kurt Busch NOT being criminally charged, I would consider this an awkward moment for NASCAR; lawfully, a person is assumed innocent unless proven guilty, and Kurt is not going to be charged - must less proven guilty - with domestic abuse. I would assume NASCAR owes him an apology, 'cause at this point his suspension is over nothing more than allegations and assumptions. - John

It's important to note that you don't have to do something illegal to be suspended or fired by your employer with cause. Due process doesn't apply to private business. Which is something Earl doesn't understand (along with proper grammar). Behold:

Hey NASCAR - you need to reinstate Kurt Bucsh NOW, apologize for your impetuous misguided suspension, offer financial restitution and cancel the reinstatement program. The constitution promises a jury of peers not stupidity borne out of a football player cold cocking his girlfreind in an elevator. By your own measure with other drivers, this is crap. I'm not watching a race until you do this. Hear that. FANS ARE LEAVING BECAUSE OF YOUR DUMB!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! And by the way. Sirius needs to apologize as well for perpetuating this silliness instead of questioning it rigourously. - Earl

NASCAR isn't operating under the Bill of Rights here. Why does it seem the people quickest to invoke the First Amendment don't understand how it works?

he precedent has now been set for NASCAR though. While the behavioral penalty in the NASCAR rule book is purposely broad, unless this is a lifetime achievement award for Busch (and it very well could be), any similar circumstances should be held to this standard. Or otherwise specifically explained why they aren't.

This is a fascinating question. Gut reaction says the chances would certainly be bigger than they were on the Saturday before the Daytona 500. There was no way the NASCAR appeals board was going to overturn the suspension on that day. But now? The statement from the Delaware DOJ would be a powerful thing to present to the appeals board.

The wild card in all of this right now – outside of when Busch completes his reinstatement program and returns to NASCAR – is his potential eligibility for the Chase. Because if he misses three or even four races, it's very possible he'll be in the top 30 in the points standings.

Last year, Tony Stewart missed three races and was 25th in the standings. David Gilliland finished the season with 554 points -- an average of 15.39 points per race. Using the same points per race as our baseline, Busch would need roughly 400 points to be in the top 30. Over 22 races (four races missed), that's an average of 18 points per race to get in the top 30. In other words, all he has to do is average 25th or better. Easily doable.

NASCAR hasn't made an official declaration on Busch and a Chase waiver. And they likely won't address it until he's officially reinstated.

1. Qualifying ain't hard, man. Or it shouldn't be, anyway. We're willing to chalk the past two races up to coincidence assuming the inspection issues don't continue at Las Vegas. Why? Well, because the incidents over the first two qualifying sessions were unrelated. But if there's another inspection problem at Vegas, there are some things to figure out. And to figure out soon. Or, at minimum, the Keystone Cops theme should be piped in at Phoenix for the entire Friday.

2. We purposely didn't Yahoo search the images, but are those SpongeBob characters on steroids? Are we going to see them at Kansas in May? Can SpongeBob bench press more than we can? The answers to these pressing questions will be found out. And yes, these four things are easily crazier than the bowling pin. Especially if they tackle the winning driver of the SpongeBob SquarePants 400 in victory lane. That needs to happen.

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Nick Bromberg is the editor of From The Marbles on Yahoo Sports. Have a tip? Email him at nickbromberg@yahoo.com or follow him on Twitter!