If Burger King is all about “have it your way”, NASCAR has traditionally been the polar opposite in its approach. 

For the past 75 years, NASCAR’s leadership has resided with the France family (First Big Bill France, followed by Bill France Jr., Brian France and now Jim France). Since it launched, NASCAR has operated its stock car racing operation essentially as it wished.

Sure, drivers and teams and fans can complain about some decisions, but at the end of the day, NASCAR makes the rules, and there isn’t much anyone could do about it.

I mention this all as background for the earthquake news that broke on Wednesday morning that two NASCAR teams — 23XI Racing (co-owned by Michael Jordan and Denny Hamlin) and Front Row Motorsports — have filed an antitrust lawsuit against NASCAR and Jim France.

Signs of trouble began about four weeks back, when it was announced that all Cup teams other than 23XI and Front Row had signed a new charter agreement that would govern the team owners from 2025 through 2031. Many in the sport wondered what the two teams were thinking. What leverage did they have now that all the other teams had signed on to the new deal?

We got our answer Wednesday with this bombshell lawsuit, which puts NASCAR in very unfamiliar territory and opens them up to outside scrutiny. Especially of note is that the two teams’ legal representation is the formidable Jeffrey Kessler, who has had past success battling the NCAA regarding athlete compensation.

With the racing wrapped up for 2023, and the teams already looking forward to getting back to it next February starting with the Clash at the Coliseum, this is a time for Cup teams to reflect on what went right (or wrong) in 2023. And more importantly, what the future might hold in next year’s battle.

Below is part one of my reflections on the year that was, and what’s to come in 2024.

Team Penske
Results: Ryan Blaney (champion); Joey Logano (12th in points); Austin Cindric (24th in points)
Grade: A-

Team Penske was not the championship favorite all season, but the great thing about a playoff system is that sometimes a competitor will rise above expectations. 

Just as the New York Giants beat a previously undefeated New England Patriots in the Super Bowl, the formerly young Ryan Blaney won his way into the Final Four and then rose above the stiff Hendrick competition in the final race of the season to become the 2023 Cup Champion. That gave Roger Penske a second straight Cup title, following Joey Logano’s title in 2022. Blaney will be an excellent champion for the sport, and his win shows you can never count out the Captain.

It’s hard to choose a favorite moment from the two decades-plus that I’ve watched Kurt Busch compete on the racetrack in NASCAR’s top levels.

Perhaps it's the famous battle to the checkered flag at Darlington vs. Ricky Craven.
Or Kurt being given the bird by Dale Earnhardt Sr. during the 2001 Daytona 500.
Or his running the NASCAR/Indy double and finishing 6th in the Indy 500.
Or his leadership at so many teams, from Roush and Penske to Phoenix Racing to Furniture Row to Stewart-Haas to Ganassi and finally 23XI
Or his winning the 2004 Cup series title in dramatic fashion after a close call, losing a tire as he was entering pit road during the race

I could go on, but you get the drift. The man did just about everything you could in this sport since entering the NASCAR ranks as a very young man in the late 1990s.

I say all this because we heard an emotional farewell this weekend from Kurt Busch at Daytona. He said he’s officially done with Cup racing as he continues to focus on his health after a qualifying crash at Pocono in 2022.