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    The Supreme Court Did the Right Thing. I’m Still Worried.

    State legislatures are, and always have been, creatures of state constitutions, bound by the terms of those constitutions and subject to the judgments of state courts.This has important implications for the nature of state legislative power. The federal Constitution may give state legislatures the power to allocate electoral votes and regulate congressional elections, but that power is subject to the limits imposed by state constitutions.Imagine what could happen if that were not the case. Imagine, instead, that state legislatures had plenary power over federal elections, which would allow them to overrule state courts, ignore a governor’s veto and even nullify an act of Congress. State legislatures would, in essence, be sovereign, with unchecked power over the fundamental political rights of those citizens who lived within their borders.This change would both unravel and turn the clock back on our constitutional order, with states acting more like the quasi-independent entities they were before the Civil War and less as the subordinate units of a national polity.But that, apparently, is what some Republicans want.Recently, Republicans in North Carolina and Pennsylvania asked the U.S. Supreme Court to block congressional maps drawn by their state courts. Their argument was based on a revolutionary doctrine that would tee up this fundamental change to the American political system.The challenges, which failed, stemmed from the effort to gerrymander Democrats out of as much power as possible. In North Carolina, the proposed gerrymander was so egregious that the state Supreme Court ruled that it was in violation of the state’s constitution. The court drew a new map to rectify the problem. In Pennsylvania, likewise, state courts drew a new congressional map after Gov. Tom Wolf, a Democrat, vetoed the heavily gerrymandered map produced by the Republican-led legislature.The North Carolina Supreme Court’s ruling and the Pennsylvania governor’s veto should have been the last word. Both were acting in accordance with their state constitutions, which bind and structure the actions of the state legislatures in question. For Republicans, however, those checks on their power are illegitimate. Their argument, in brief, is that neither state courts nor elected executives have the right to interfere with or challenge the power of state legislatures as it relates to the regulation of federal elections.Nestled at the heart of the Republican argument is a breathtaking claim about the nature of state legislative power. Called the “independent state legislature” doctrine, it holds that Article I, Section 4 of the U.S. Constitution — which states that “the Times, Places and Manner of holding Elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of choosing Senators” — gives state legislatures total power to write rules for congressional elections and direct the appointment of presidential electors, unbound by state constitutions and free from the scrutiny of state courts.This isn’t a new theory, exactly. In his concurring opinion in Bush v. Gore in 2000 — joined by justices Antonin Scalia and Clarence Thomas — Chief Justice William Rehnquist argued that under Article II, any “significant departure from the legislative scheme for appointing Presidential electors presents a federal constitutional question.” Meaning, in short, that a state court could go beyond its authority in adjudicating state election law. The other two Republican-appointed justices on the court, Anthony Kennedy and Sandra Day O’Connor, declined to join Rehnquist’s concurrence, even as they voted to stop the counting and give George W. Bush the win.For 20 years, the doctrine lay dormant. It was resurrected, in 2020, by allies of Donald Trump, who needed some constitutional pretense for their attempt to overturn his defeat. Before the election, a number of state courts had ordered state governments to make accommodations for the pandemic, citing state constitutions. Elsewhere, governors, secretaries of state and state boards of election took matters into their own hands, bypassing the legislature (and using their own authority under the law) to accommodate voters. When, after the election, the Trump campaign sued either to throw out ballots or to invalidate results, its lawyers offered the “independent state legislature” doctrine as justification. So too did supporters of Trump who wanted Republican legislatures to void election results and choose electors who would give the president a second term.The basic problem with this doctrine is that it’s bunk. “The text of the Elections and Electors clauses is silent as to the role of state constitutions, but the subsequent history is anything but,” the legal scholar Michael Weingartner writes in a draft article on the theory of independent state legislatures. “Since the Founding, state constitutions have both directly regulated federal elections and constrained state legislatures’ exercise of their authority under the Clauses.” What’s more, over the past century, “nearly every election-related state constitutional provision was either approved and presented to voters by state legislatures or placed on the ballot and enacted by voters directly.” Even if the federal Constitution is vague on the full scope of state legislative power to regulate elections, both history and practice have fixed the meaning of the relevant clauses in favor of constraint. State constitutions (and state courts) do in fact regulate state legislatures as it relates to election law.Some proponents of the “independent state legislature” doctrine argue that theirs represents the original understanding of the Elections and Electors clauses in the Constitution. Another researcher, Hayward H. Smith, says otherwise. “The history demonstrates beyond cavil that the founding generation understood that ‘legislatures’ would operate as normal legislatures, not independent legislatures, with respect to both procedure and substance,” he writes. In fact, he notes, a review of every state constitution adopted in the 19th century reveals “that both explicit and nonexplicit limitations on ‘legislatures’ were widespread before, during, and after the Civil War.”There’s simply no basis for the claim that the Constitution grants state legislatures this kind of unaccountable power over the conduct of federal elections. It runs counter to the basic idea behind the American political system, that is, the sharing and separation of power among competing and overlapping institutions. It defeats the purpose of this delicate balance to give state legislatures plenary power over federal elections (to say nothing of how it is incongruent with the elite frustration over the scope of states’ power that gave rise to the Constitution in the first place).Thankfully, the Supreme Court rejected the challenge from Republicans in Pennsylvania and North Carolina. Still, there may be four votes for the theory of the “independent state legislature.” In a 2020 dissent from the majority on the question of whether Pennsylvania should count certain mail-in ballots, Justices Thomas, Samuel Alito and Brett Kavanaugh appeared sympathetic to the doctrine. Neil Gorsuch endorsed it outright, writing that “The Constitution provides that state legislatures — not federal judges, not state judges, not state governors, not other state officials — bear primary responsibility for setting election rules.”Dissenting from the court’s decision in the North Carolina case, Alito called the question of state legislative power an issue of “great national importance,” a clear signal that he is open to the arguments of Republican legislators. Kavanaugh concurred. “I agree with Justice Alito that the underlying Elections Clause question raised in the emergency application is important, and that both sides have advanced serious arguments on the merits. The issue is almost certain to keep arising until the Court definitively resolves it.”It is unclear where the newest justice, the Trump appointee Amy Coney Barrett, stands on the doctrine, although she appears to have voted with the majority in these particular cases.It is a good thing that the Supreme Court has decided not to throw out more than 230 years of precedent and practice for the sake of a bizarre and anti-democratic reading of the Constitution. But previous Supreme Courts have endorsed bizarre and anti-democratic readings of the Constitution — the Constitution itself has an uneasy relationship with American democracy — and this court, especially, has been more hostile than friendly to the more expansive view of our democratic rights.We can breathe a sigh of relief, for now, but when it comes to the future of the “independent state legislature” doctrine, the worst may still be on the horizon.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    Supreme Court Allows Court-Imposed Voting Maps in North Carolina and Pennsylvania

    State courts had ruled that earlier maps for congressional elections had been warped by partisan gerrymandering. Democrats stand to benefit from the justices’ decision.The Supreme Court on Monday allowed congressional maps that had been approved by state courts in North Carolina and Pennsylvania to stand, giving Democrats an advantage in this year’s election in two key states.In issuing the orders, the Supreme Court rejected requests by Republicans to restore maps approved by G.O.P.-controlled state legislatures. Those district lines were thrown out and replaced by courts in both states after challenges by Democrats.Under the new court-imposed maps in both states, Democrats are likely to gain more seats than they would have under the legislature-approved versions.But in the North Carolina case, there were signs that at least four of the court’s more conservative justices could later rule that state courts are powerless to change congressional maps adopted by state legislatures.Such a ruling would fundamentally alter how congressional elections are conducted and amplify partisan gerrymandering, allowing the party that controls the legislature to draw voting districts favoring its candidates.But that will not happen before this fall’s election.Stanton Jones, a lawyer for some of the plaintiffs who had challenged the North Carolina map, said the Supreme Court’s order meant that “North Carolina voters will now be able to vote in free and fair congressional elections this year.”He said that for now, the order signaled an end to “a decade of extreme Republican gerrymanders.”Still, the court’s three most conservative members — Justices Samuel A. Alito Jr., Clarence Thomas and Neil M. Gorsuch — said they would have blocked the North Carolina map because it was likely that the State Supreme Court had violated the Constitution in overriding the State Legislature.What to Know About RedistrictingRedistricting, Explained: Here are some answers to your most pressing questions about the process that is reshaping American politics.Understand Gerrymandering: Can you gerrymander your party to power? Try to draw your own districts in this imaginary state.Killing Competition: The number of competitive districts is dropping, as both parties use redistricting to draw themselves into safe seats.New York: Democrats’ aggressive reconfiguration of the state’s congressional map is one of the most consequential in the nation.Legal Battles: The U.S. Supreme Court let stand voting maps that had been approved by state courts in North Carolina and Pennsylvania, giving Democrats a temporary win.“There must be some limit on the authority of state courts to countermand actions taken by state legislatures when they are prescribing rules for the conduct of federal elections,” Justice Alito wrote.Justice Brett M. Kavanaugh filed a short concurring opinion agreeing that the question posed by the case was a substantial one. But he said the court should address it in the ordinary course rather than in response to an emergency application.Taken together, the two opinions suggested that there are four justices ready to add a case on the question to the court’s docket when it is next presented in a petition seeking the court’s review rather than on what critics call the court’s shadow docket. It takes four votes to grant such review.But it takes five votes to prevail. The swing vote would almost certainly belong to Justice Amy Coney Barrett.In a second order in the Pennsylvania case, the court provisionally turned down a similar application on technical grounds without noted dissent.The North Carolina Supreme Court had rejected a map drawn by Republican lawmakers that effectively gave their party at least 10 of the state’s 14 House seats, notwithstanding that voters statewide are roughly equally divided between the two parties.A three-judge panel of the state Superior Court in Raleigh instead adopted a new map drawn by a nonpartisan panel of redistricting experts that appeared to split North Carolina’s congressional districts roughly equally between Republicans and Democrats. It gave each party six relatively safe House seats and made the other two competitive.After the State Supreme Court refused to block that ruling, Republican state officials asked the U.S. Supreme Court to step in.In the Pennsylvania case, the State Supreme Court adopted a map that appears to give Republicans nine fairly safe seats and Democrats eight, according to an analysis by the nonpartisan Campaign Legal Center. Each party currently holds nine House seats, but Pennsylvania will lose a seat next year because of reapportionment after the 2020 census.Voters and a Republican candidate for the House sued state officials in federal court to challenge the new map. When they did not receive immediate relief, they asked the U.S. Supreme Court to intervene.Both emergency applications relied on the Elections Clause of the Constitution, which says “the times, places and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof.” That meant, the challengers argued, that the state legislature has sole responsibility for drawing congressional districts and that state courts have no role to play.“The question presented here,” North Carolina Republicans wrote in their application, “goes to the very core of this nation’s democratic republic: what entity has the constitutional authority to set the rules of the road for federal elections.”How U.S. Redistricting WorksCard 1 of 8What is redistricting? More

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    Pennsylvania Court Says State’s Mail Voting Law Is Unconstitutional

    The decision deals a temporary blow to voting access in a critical battleground state. Democrats pledged an appeal.A state court in Pennsylvania on Friday struck down the state’s landmark election law as unconstitutional, dealing a temporary blow to voting access in one of the nation’s most critical battleground states. The law, known as Act 77, was passed by the Republican-controlled legislature and signed by Gov. Tom Wolf, a Democrat, in 2019. It permitted no-excuse absentee voting, created a permanent mail-in voter list, reduced the voter registration deadline from 30 days to 15 and provided for $90 million in election infrastructure upgrades. It also eliminated straight ticket voting.The opinion from Judge Mary Hannah Leavitt, a Republican, sided with 14 Republican lawmakers who sued last year, arguing that the law was unconstitutional and that the legislature could not make alterations to voting laws without amending the constitution. The bipartisan law was praised by both sides when it was passed, but it became a target of conservatives during the 2020 election, as former President Donald J. Trump unspooled falsehoods and lies about mail-in voting. Eleven of the 14 lawmakers who sued to kill the law had voted for it in 2019.Democrats said they were not surprised that the Commonwealth Court, which they said leans Republican, ruled against the law, and they pledged an appeal to the state Supreme Court, which has sided with the state on voting issues both during and following the 2020 election. “This is just a continuation of attacking and undermining our electoral process,” said State Senator Jay Costa, the Democratic minority leader. He added that an appeal would be filed by the end of the day. “Act 77 will ultimately be deemed to be constitutional.” More

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    David McCormick Joins Republican Senate Primary in Pennsylvania

    A former Treasury official, Mr. McCormick has drawn comparisons to Glenn Youngkin, the financier recently elected governor of Virginia.David McCormick, the former chief executive of Bridgewater Associates, the world’s largest hedge fund, filed paperwork to run for the Senate in Pennsylvania as a Republican on Wednesday, entering a crowded but unsettled field in what is likely to be one of the most hotly contested midterm elections.A former Treasury Department official and a former Army captain, Mr. McCormick, 56, joins a number of other major Republican and Democratic contenders vying to succeed Senator Pat Toomey, a Republican, who is retiring. His official announcement is expected in the next day or two, according to a campaign adviser, Kristin Davison.Mr. McCormick’s filing came after the Pennsylvania Democratic Party asked federal election officials last week to investigate his spending large sums for television ads in the Pittsburgh region without declaring himself a candidate.The race is for the only open Senate seat in a state won by President Biden and is seen as a tossup, making it a critical battleground for control of the chamber, now divided 50-50 with Vice President Kamala Harris’s deciding vote giving Democrats a majority.The early jockeying in the Republican field has been characterized by most candidates’ efforts to win the support of grass-roots voters who backed former President Donald J. Trump. They include Kathy Barnette, a conservative commentator who has fanned the false conspiracy that Mr. Trump won Pennsylvania in 2020, and Carla Sands, a wealthy former ambassador to Denmark under Mr. Trump, who has promised to “stand up to woke culture, censorship, and critical race theory.” Dr. Mehmet Oz, the heart surgeon and longtime television host, has framed his candidacy as a conservative response to the pandemic, criticizing mandates, shutdowns and actions by “elites” that restricted “our freedom.”Mr. McCormick has his own personal tie to Mr. Trump: His wife, Dina Powell McCormick, served on the National Security Council during the first year of the Trump Administration. The two were married in 2019. Hope Hicks, a former Trump aide, has been advising Mr. McCormick’s team, and other former Trump staffers, including Stephen Miller, are expected to do so, according to Politico.Five months ahead of the May primary, the field is wide open, especially since the withdrawal in November of Sean Parnell, who was endorsed by Mr. Trump. Mr. Parnell suspended his campaign after losing a custody fight with his estranged wife, who accused him of spousal and child abuse.In a sign of what is sure to be a highly competitive G.O.P. race with several wealthy contenders, Mr. McCormick drew attacks even before he joined the race. A super PAC supporting Dr. Oz unveiled a digital ad this week criticizing Mr. McCormick “as a friend of China with a long record of selling us out.” Bridgewater manages some $1.5 billion for Chinese investors, and its only other office outside of Connecticut is in Shanghai. And Jeff Bartos, a real estate developer who is also seeking the Senate nomination as a Republican, accused Mr. McCormick of sending Pennsylvania jobs to India in 2003.The McCormick campaign disputed the characterization made by Mr. Bartos, and, on China, pointed to his record while a senior trade official in the Commerce Department in the George W. Bush administration. “These attacks from the Oz camp are a desperate attempt of a candidate whose failure to launch has stalled his campaign,’’ said Jim Shultz, a former aide to Pennsylvania’s last Republican governor, Tom Corbett, and a supporter of Mr. McCormick.Democrats also face a crowded primary contest. Unlike the Republicans, the leading Democrats in the race have experience in elected office. One theme that could animate the general election, depending on who emerges as the G.O.P. nominee, is the issue of who is an authentic Pennsylvanian. Dr. Oz, Ms. Sands and now Mr. McCormick all have roots in the state, but lived elsewhere in recent years and returned to run for Senate.Ideologically, Republicans promoting Mr. McCormick’s bid have drawn comparisons between him and Glenn Youngkin, the former private equity executive who won the Virginia governor’s race in November by attracting the support of moderates as well as Trump devotees.Largely unknown outside the financial world, Mr. McCormick grew up in Bloomsburg, Pa., near Wilkes-Barre. He graduated from West Point and served five years in the Army, then earned a Ph.D. in international relations at Princeton.A McKinsey consultant for several years, Mr. McCormick later ran the Pittsburgh-based internet auction company FreeMarkets, then sold it to the larger tech company Ariba in 2004.He joined Bridgewater in 2009 and in 2017, he was named co-C.E.O. of the Westport, Conn.-based hedge fund, which manages $150 billion in assets. His name was repeatedly floated to be the Defense Department deputy during the Trump administration.In 2020, he became Bridgewater’s sole chief executive after his co-chief, Eileen Murray, left the firm. She later sued Bridgewater over a pay dispute that she said stemmed partly from gender discrimination. The suit was settled in 2020.On Jan. 3, Mr. McCormick announced his resignation from Bridgewater, calling his potential Senate run “a way of devoting the next chapter of my life to public service” in a farewell email to employees.Mr. McCormick bought a home recently in Pittsburgh’s East End to re-establish residency in the state, the Pittsburgh Post-Gazette reported. He had split his time between Connecticut and New York City in recent years, though since about 2010 he has owned the family Christmas tree farm where he was raised. More

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    Democrats Are Failing to Defend Democracy

    When it comes to elections, the Republican Party operates within a carapace of lies. So we rely on the Democrats to preserve our system of government.The problem is that Democrats live within their own insular echo chamber. Within that bubble convenient falsehoods spread, go unchallenged and make it harder to focus on the real crisis. So let’s clear away some of these myths that are distorting Democratic behavior:The whole electoral system is in crisis. Elections have three phases: registering and casting votes, counting votes and certifying results. When it comes to the first two phases, the American system has its flaws but is not in crisis. As Yuval Levin noted in The Times a few days ago, it’s become much easier in most places to register and vote than it was years ago. We just had a 2020 election with remarkably high turnout. The votes were counted with essentially zero fraud.The emergency is in the third phase — Republican efforts to overturn votes that have been counted. But Democratic voting bills — the For the People Act and its update, the Freedom to Vote Act — were not overhauled to address the threats that have been blindingly obvious since Jan. 6 last year. They are sprawling measures covering everything from mail-in ballots to campaign finance. They basically include every idea that’s been on activist agendas for years.These bills are hard to explain and hard to pass. By catering to D.C. interest groups, Democrats have spent a year distracting themselves from the emergency right in front of us.Voter suppression efforts are a major threat to democracy. Given the racial history of this country, efforts to limit voting, as some states have been implementing, are heinous. I get why Democrats want to repel them. But this, too, is not the major crisis facing us. That’s because tighter voting laws often don’t actually restrict voting all that much. Academics have studied this extensively. A recent well-researched study suggested that voter ID laws do not reduce turnout. States tighten or loosen their voting laws, often seemingly without a big effect on turnout. The general rule is that people who want to vote end up voting.Just as many efforts to limit the electorate don’t have much of an effect, the Democratic bills to make it easier to vote might not have much impact on turnout or on which party wins. As my Times colleague Nate Cohn wrote last April, “Expanding voting options to make it more convenient hasn’t seemed to have a huge effect on turnout or electoral outcomes. That’s the finding of decades of political science research on advance, early and absentee voting.”Higher turnout helps Democrats. This popular assumption is also false. Political scientists Daron R. Shaw and John R. Petrocik, authors of “The Turnout Myth,” looked at 70 years of election data and found “no evidence that turnout is correlated with partisan vote choice.”The best way to address the crisis is top down. Democrats have focused their energies in Washington, trying to pass these big bills. The bills would override state laws and dictate a lot of election procedures from the national level.Given how local Republicans are behaving, I understand why Democrats want to centralize things. But it’s a little weird to be arguing that in order to save democracy we have to take power away from local elected officials. Plus, if you tell local people they’re not fit to govern themselves, you’re going to further inflame the populist backlash.But the real problem is that Democrats are not focusing on crucial state and local arenas. The Times’s Charles Homans had a fascinating report from Pennsylvania, where Trump backers were running for local office, including judge of elections, while Democrats struggled to even find candidates. “I’m not sure what the Democratic Party was worried about, but it didn’t feel like they were worried about school board and judge of elections races — all of these little positions,” a failed Democratic candidate said.Democrats do not seem to be fighting hard in key local races. They do not seem to be rallying the masses so that state legislators pay a price if they support democracy-weakening legislation.Maybe some of the energy that has been spent over the past year analyzing and berating Joe Manchin could have been better spent grooming and supporting good state and local candidates. Maybe the best way to repulse a populist uprising is not by firing up all your allies in the Northwest quadrant of Washington, D.C.The crisis of democracy is right in front of us. We have a massive populist mob that thinks the country is now controlled by a coastal progressive oligarchy that looks down on them. We’re caught in cycles of polarization that threaten to turn America into Northern Ireland during the Troubles. We have Republican hacks taking power away from the brave state officials who stood up to Trumpian bullying after the 2020 election.Democrats have spent too much time on measures that they mistakenly think would give them an advantage. The right response would be: Do the unsexy work at the local level, where things are in flux. Pass the parts of the Freedom to Vote Act that are germane, like the protections for elections officials against partisan removal, and measures to limit purging voter rolls. Reform the Electoral Count Act to prevent Congress from derailing election certifications.When your house is on fire, drop what you were doing, and put it out. Maybe finally Democrats will do that.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    ‘Magic’ Weight-Loss Pills and Covid Cures: Dr. Oz Under the Microscope

    The celebrity physician, a candidate in Pennsylvania’s Republican primary for Senate, has a long history of dispensing dubious medical advice on his daytime show and on Fox News.A wealth of evidence now shows that the malaria drugs hydroxychloroquine and chloroquine were not effective at treating Covid-19 and carried potential risks.But in the early months of the pandemic, Dr. Mehmet Oz, the celebrity physician with a daytime TV show, positioned himself as one of the chief promoters of the drugs on Fox News. In the same be-the-best-you tone that he used to promote miracle weight-loss cures on “The Dr. Oz Show,” he elevated limited studies that he said showed wondrous promise.His “jaw dropped,” he said, while reviewing one tiny study from France, calling it “a game changer.” In all, Dr. Oz promoted chloroquine and hydroxychloroquine in more than 25 appearances on Fox in March and April 2020.When a Veterans Affairs study showed that Covid-19 patients treated with hydroxychloroquine were more likely to die than untreated patients, that advocacy came to an abrupt halt.“We are better off waiting for the randomized trials” that Dr. Anthony S. Fauci, the nation’s leading infectious disease expert, had been asking for, Dr. Oz told Fox viewers.As Dr. Oz jumped last month into the Republican primary for Senate in Pennsylvania, where his celebrity gives him an important advantage in a crucial race, he tied his candidacy to the politics of the pandemic. He appealed to conservatives’ anger at mandates and shutdowns, and at the “people in charge” who, he said, “took away our freedom.”But the entry into the race of the Cleveland-born heart surgeon, a son of Turkish immigrants who has been the host of “The Dr. Oz Show” since 2009, also brought renewed scrutiny to the blemishes on his record as one of America’s most famous doctors: his long history of dispensing dubious medical advice.In ebullient language, he has often made sweeping claims based on thin evidence, which in multiple cases, like that of hydroxychloroquine, unraveled when studies he relied on were shown to be flawed.Over the years, Dr. Oz, 61, has faced a bipartisan scolding before a Senate committee over claims he made about weight-loss pills, as well as the opposition of some of his physician peers, including a group of 10 doctors who sought his firing from Columbia University’s medical faculty in 2015, arguing that he had “repeatedly shown disdain for science and for evidence-based medicine.” Dr. Oz questioned his critics’ motives and Columbia took no action, saying it did not regulate faculty members’ participation in public discourse.He has warned parents that apple juice contained unsafe levels of arsenic, advice that the Food and Drug Administration called “irresponsible and misleading.” In 2013, he warned women that carrying cellphones in their bras could cause breast cancer, a claim without scientific merit. In 2014, the British Medical Journal analyzed 80 recommendations on Dr. Oz’s show, and concluded that fewer than half were supported by evidence.Two researchers who worked on “The Dr. Oz Show” for a year during a break from medical school in the 2010s said in interviews that the show’s producers had originated most of its topics, often getting their ideas from the internet. But the researchers, whose job was to vet medical claims on the show, said that they had little power to push back, and that they regularly questioned the show’s ethics to one another and discussed quitting in protest.“Our jobs seemed to be endless fighting with producers and being overruled,” said one of the former researchers, both of whom are now physicians and insisted on anonymity because they said they feared that publicly criticizing him could jeopardize their careers.According to the former researchers, the show’s producers conjured an imaginary, typical viewer named “Shirley,” a woman whose children were grown and who had time to focus on herself. The standard advice for many ailments covered on the show — obesity, sluggishness, back pain — was exercise, the researchers said. But there was a quota on how often exercise could be mentioned.Shirley watched daytime TV and didn’t want to exercise, the researchers said they were told.Dr. Oz’s on-air medical advice on both his show and Fox News has taken on greater significance as he enters the political realm. His promotion of hydroxychloroquine grabbed President Donald J. Trump’s attention and contributed to early misinformation about the virus on the right.“Information can harm — that’s the key thing we need to appreciate here,” said Harald Schmidt, an assistant professor of medical ethics and health policy at the University of Pennsylvania. “His track record is pretty concerning. What we’ve seen so far does not instill confidence that this will help reasonable politics.”Dr. Oz, kneeling, rose to fame as a medical expert on Oprah Winfrey’s show.Jemal Countess/ Getty ImagesDr. Oz declined to to be interviewed for this article. His campaign manager, Casey Contres, said in a statement that the doctor had always put patients first and fought the “established grain” in medicine.“Dr. Oz believes it was truly unfortunate that Covid-19 became political and an excuse for the government and many in the corporate media to control the means of communication to suspend debate,” Mr. Contres added. “From the start, therapeutics meant to help with Covid-19 were regularly discounted by the medical establishment, and many great ideas were squashed and discredited.”Over the years, when pressed about offering unproven medical advice, Dr. Oz said his goal was to “empower” Americans to take control of their health. Grilled by senators in 2014 about false claims he made for weight-loss products, he said, “My job on the show, I feel, is to be a cheerleader for the audience.”He also said it was his right to use unscientific language. “When I feel as a host of a show that I can’t use words that are flowery,” he told the senators, “I feel like I’ve been disenfranchised, like my power’s been taken away.”In using the politics of the pandemic to shape his campaign for an open seat — one pivotal to Senate control in the midterms — Dr. Oz may be in tune with primary voters in Pennsylvania. The race has drawn candidates echoing Mr. Trump’s lie that the 2020 election was stolen, including Jeff Bartos, a developer, and Carla Sands, a former ambassador. David McCormick, a hedge-fund executive married to a former Trump administration official, is expected to join the field soon.The criticism Dr. Oz has received over the years for spreading misinformation has done little to tarnish his celebrity, as measured by his long-running TV program, whose distributor announced that the show would end in January when its host departs.Still, misinformation about the coronavirus emanating from the Trump White House and conservative news sites helped politicize the nation’s response to the pandemic, with deadly consequences in many Republican areas of the country.Although Dr. Oz spoke strongly in favor of masks and vaccines on Fox, his championing of unproven treatments early on sharply contradicted infectious-disease experts like Dr. Fauci who urged caution.In Pennsylvania, as around the country, counties that voted by large margins for Mr. Trump in 2020 have had lower vaccination rates and higher death rates from Covid than counties that voted heavily for President Biden.Yet at one point early in the pandemic, he said that reopening schools was an “appetizing opportunity” that might cause the deaths of “only” 2 to 3 percent of the population. He later walked back the statement.“I can’t believe he took the same oath that I did when we graduated,” said Dr. Val Arkoosh, an anesthesiologist and county official in the Philadelphia suburbs who is running in the Democratic primary for Senate. “That oath is about first doing no harm and always putting your patients first. I just think he’s a quack, to be honest.”In reply to Dr. Arkoosh, Mr. Contres said that Dr. Oz had performed thousands of heart surgeries and had “helped countless patients live a better life.”Dr. Oz testifying before the Senate subcommittee on consumer protection in 2014, when senators pressed him on claims he had made about weight-loss pills.Tom Williams/CQ Roll CallIn Dr. Oz’s 2014 appearance before the Senate subcommittee on consumer protection, Claire McCaskill, then a Democratic senator from Missouri, quoted a bit of his TV sales patter back to him: “You may think magic is make-believe, but this little bean has scientists saying they’ve found the magic weight-loss cure for every body type — it’s green coffee extract.”Dr. Oz admitted to the senators that his claims often “don’t have the scientific muster to present as fact.” A study he had cited about green-coffee bean extract was later retracted and described by federal regulators as “hopelessly flawed.” The supplier of the extract paid $3.5 million to settle charges by the Federal Trade Commission.Dr. David Gorski, a surgery professor at Wayne State University and longtime critic of alternative medicine, said Dr. Oz’s emergence as a Fox News authority on the coronavirus was no surprise him.“He could have gone the route of trying to be more reasonable and careful, vetting information, trying to reassure people where the science was still unsettled,” Dr. Gorski said. “But of course, that wouldn’t be Dr. Oz’s brand.”Early in the pandemic, on March 20, 2020, Dr. Oz appeared on several Fox News shows trumpeting what he called “massive, massive news” — a small study by a divisive French researcher, Dr. Didier Raoult, who claimed a 100 percent cure rate after treating coronavirus patients with hydroxychloroquine and azithromycin, or Z-Pak. At the time, with Covid-19 cases and deaths rising rapidly, hydroxychloroquine, an anti-malarial treatment, was being studied in multiple countries and adopted by hospitals without much evidence. Mr. Trump hyped it repeatedly at White House news conferences as part of his effort to minimize the crisis. Dr. Oz communicated with Trump advisers about speeding the drug’s approval to treat Covid. On March 28, the F.D.A. authorized its emergency use. On Fox, Dr. Oz noted that the Raoult study, with just 36 participants, was not a clinical trial, but his enthusiasm overran his caution. The study was the “most impressive bit of news on this entire pandemic front,” he gushed. On April 1, as Dr. Oz called on Gov. Andrew M. Cuomo of New York to lift restrictions on hydroxychloroquine, a public health expert, Dr. Ashish Jha of Brown University, cautioned Fox viewers that “the facts are just not in” on the drug.There was much confusion in the early days of the crisis about how the virus spread and how to slow it, with some expert views reversed by new information. The Raoult study quickly fell apart. Only six patients had received the two-drug combination, all with mild or early infections. One who was reported “virologically cured” on Day 6 was found to have the virus two days later. Six other patients treated only with hydroxychloroquine were omitted from the final results, including one who died and three others who were transferred to intensive care.On April 3, the board of the research journal that initially published the study said it did not meet the “expected standard.” In June 2020, the F.D.A. revoked emergency authorization of hydroxychloroquine to treat Covid-19. That November, the National Institutes of Health concluded that the drug held no benefit in treating Covid-19.By then, Dr. Oz’s once-daily appearances on Fox had tapered off. He was rarely seen on the network this year. But he returned to Sean Hannity’s show on Nov. 30 to announce his candidacy, seizing the opportunity to push back at critics of his medical career.“Doctors are about solutions,” he said. “But instead, people with good ideas are shamed, they’re silenced, they’re bullied, they’re canceled.”Susan C. Beachy More