Liberal media takes heat for renewed calls for masking: 'We have to move on'

The hosts of Fox News Channel’s "Outnumbered" blasted the mainstream media for trying to urge society to return to masking to prevent the spread of COVID-19.

Despite the pandemic being considered over and the U.S. government ending the public health emergency around it earlier this year, several big media outlets have pushed stories suggesting that masking may be necessary as cases of COVID-19 tick up.

In recent days, MSNBC ran a segment on kids masking to prevent the spread of the virus at the beginning of the new school year, PBS had one about wearing masks in crowded areas to prevent the spread, and CBS Mornings warned about the "Summer COVID Spike" that may happen due to people letting "their guard down" and forgetting to mask.

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After playing a reel of the COVID alarmist news stories, "Outnumbered" host Dagen McDowell gave a simple rebuttal to the media’s concern.

"Nope. Not happening. Never again," she declared.

Fox News contributor Dr. Nicole Saphier followed McDowell, explaining that masks should only be necessary when people are around "immunocompromised" persons.

The physician told the panel, "Anyone who is immunocompromised, or if you work with people who are immunocompromised, those are the people in appropriate settings [that] should consider wearing a high quality mask, like an N-95, not a single layer of cloth or surgical mask."

"Those don’t actually work as we’ve seen by many, many studies," Saphier said, adding, "But to actually say, you know, to wear masks again in the house and just being in public spaces, we have to move on."

The doctor explained that "the reason you have an uptick in cases right now is not because you did something wrong, it’s because for the last several years, we’ve seen an uptick in cases in the winter, and we also see one in the end of summer. This is just a normal cycle of this respiratory virus."

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She affirmed that "people just need to accept that this is it moving forward."

Saphier concluded, "The bottom line, COVID is not what it was three years ago and we have to move forward with this. This doesn’t mean that you have to quarantine, it’s just if you’re sick, stay home."

McDowell bashed the media folks pushing for masking again, saying, "When I hear those people on TV, I go, ‘La la la la.’ I don’t listen to them."

The other panelists, including author and Fox News contributor Raymond Arroyo, questioned why individuals are still using masks in public. 

Arroyo mentioned seeing a woman on an airplane wearing a mask she "pulled out of her purse" that "looked about five years old," and mentioned how she was pulling it down to talk and to drink.

"What’s the point?" Arroyo asked. 

Turning to Saphier he later added, "I think we have to – as you said – move past it and realize COVID today is very different than it was a few years ago."

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Federal court rules New Jersey can sue gun industry, for now

The firearms industry took a blow Thursday when a federal court ruled that New Jersey can sue gun manufacturers under the state's "public nuisance" law. 

A three-judge panel on the 3rd U.S. Circuit Court of Appeals unanimously ruled that a legal challenge brought against the law by the National Sports Shooting Foundation (NSSF) was premature. Though the court acknowledged the law is somewhat vague about what conduct can trigger a lawsuit from the state, it nevertheless said the firearms industry "jumped the gun" by filing a legal challenge before demonstrating injury. 

"The National Shooting Sports Foundation challenges a new state gun law as violating its members’ constitutional rights. But we see little evidence that enforcement is looming," wrote Judge Stephanos Bibas, a former President Trump appointee. 

New Jersey Gov. Phil Murphy, a Democrat, signed the "public nuisance" law in July 2022, clearing a path for the state’s attorney general to file lawsuits against local gun businesses based on an exception to the federal Protection of Lawful Commerce in Arms Act (PLCAA), which broadly protects the industry from liability.

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Four months after it took effect, NSSF sued to block it, claiming the law runs afoul of the federal statute. In January, a district court granted the NSSF's bid for a preliminary injunction, saying the law was in "direct conflict" with the PLCAA.

However, since NSSF sued before New Jersey had a chance to enforce its law, the 3rd Circuit panel held that NSSF's complaint was hypothetical.

"With so much still vague and uncertain, a court should not weigh in," Bibas wrote.

In a statement, New Jersey Attorney General Matthew Platkin said he was "thrilled" with the court's decision. 

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"Our law never should have been enjoined, and now it will be back in effect in its entirety," Platkin said. "This law is an important public safety tool, which is why I created the Nation’s first statewide office dedicated to holding accountable those whose unlawful conduct causes bloodshed, and fuels the gun violence epidemic, for the sake of their bottom line."

NSSF General Counsel Lawrence Keane said in a statement the group will file another complaint against New Jersey should the "public nuisance" law be enforced against the gun industry. 

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"While we respectfully disagree with the court’s decision on our pre-enforcement challenge, it is important to note the court did not say New Jersey's law does not violate the Protection of Lawful Commerce in Arms Act; it clearly does," Keane said.

New Jersey was among the first states to pass a law opening the gun industry up to litigation in response to several mass shootings and the Supreme Court's landmark 2022 decision broadly expanding gun rights. Blue state governors in Colorado, Hawaii, Washington and Illinois have signed similar laws in recent months.

The 3rd Circuit's ruling is the first time a federal appellate court has weighed in on one of these laws.

Reuters contributed to this report. 

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