Call it Lesson One for the new U.S. Senate minority: Choose your battles wisely, and avoid battles that you've already lost. President Bush's dogged determination to put two conservative judges on the 9th Circuit Court of Appeals from Idaho is all well and good from this side of the Continental Divide. But the president's nomination of Boise lawyer William G. Myers III to the San Francisco-based court appears to be on a road to nowhere.

Myers, a former solicitor general for Bush's Department of the Interior, foundered in the Senate even when it was under GOP control. Senate Democrats gave raspberries to Myers and his writings on environmental case law. Dems used a judicial filibuster to prevent Myers from earning a full vote on the Senate floor, even though he had the support of Idaho's congressional delegation as well as former Idaho Democratic Gov. Cecil Andrus.

Now it appears that Myers sunk his own chances of gaining a circuit court seat after questions surfaced about his 2005 testimony to the Senate Judiciary Committee. At the time, Myers told the panel that he had no affiliation with high-powered Washington lobbyist Jack Abramoff.

Recent news reports showed that Myers attended a 2001 dinner party hosted by Abramoff, but Myers insists he never met the insider who lobbied the Interior Department for tribal casinos.

Last January, Abramoff pleaded guilty to conspiracy, fraud and tax evasion charges, agreeing to cooperate in a federal corruption probe. He confessed to bribing government officials and defrauding his own clients out of $25 million.

Abramoff admitted that he did not disclose receiving kickbacks on payments from tribes to a partner's public relations firm. Much of the money was used to buy influence from Washington Republican figures, a fact that contributed to the defeat of several GOP congressmen in last month's elections.

None of the quibbling about Myers' relationship with Abramoff matters much now that the Democrats are taking control of the Senate. In spite of bipartisan support back home and a qualified rating from the American Bar Association, Democrats won't tolerate a lawyer with a background in mining, timber and traditional industries on the 9th Circuit bench.

Even Idaho Sen. Larry Craig is a realist against those odds. Rather than keeping Bush and the Idaho delegation obligated to wage the same fight, expect Myers to take himself out of the game.

But Idaho shouldn't give up so easily on its other nominee, 6th District Judge Randy Smith of Pocatello. While Myers' nomination was largely steered by Vice President Dick Cheney, Smith built a solid reputation over the years with both parties in Idaho and has a strong record on the District Court bench.

His nomination is only part of the fight. Idaho's congressional delegation should continue to push for Smith as the second 9th Circuit vacancy. Sen. Dianne Feinstein, D-Calif., remains firmly opposed to granting Idaho two positions on the court, arguing Smith's predecessor was from California - which is false.

Many Western senators from both sides of the aisle in the Senate won't buy into Feinstein's California kingdom argument. Should Myers step aside, and if the Idaho congressional delegation can recommend Bush send another viable candidate in the mold of Smith, momentum could stay on the side of the Gem State.

Our view: President Bush should face reality of which Idaho judges have the best chance for the 9th Circuit. What do you think? We welcome viewpoints from our readers on this and other issues.