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Reproductive Rights Profiles
Daniel Domenico’s Record Against Reproductive Freedom
We strongly oppose judge Daniel Domenico, Trump's Pick for the United States Court of Appeals for the Tenth Circuit
Key Takeaways
- Reproductive Freedom for All strongly opposes Daniel Domenico, Trump's Pick for the United States Court of Appeals for the Tenth Circuit
- Reproductive Freedom for All opposes his nomination due to his record of hostility toward reproductive freedom.
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- Daniel Domenico also has a record of attacking other fundamental rights, including democracy and voting rights, LGBTQIA+ equality, gender justice, and immigrant rights.
- Trump has a deeply troubling track record of nominating judges who oppose reproductive freedom, reflecting the Trump administration’s vision for courts that are hostile to the basic reproductive rights and freedoms for all.
Who is Daniel Domenico?
As a judge for the District of Colorado, Domenico blocked a state law meant to prohibit spreading dangerous anti-abortion disinformation to patients. The law sought to protect patients by prohibiting so-called “abortion reversal,” an unproven protocol that is not based in science and does not meet clinical standards.
Domenico instead ruled in favor of a religiously affiliated health clinic, failing to protect patients’ access to science-based health care and permitting the spread of anti-abortion disinformation.
Dive Deeper: Daniel Domenico’s Anti-Repro Record
Blocked a Law to Prohibit Anti-Abortion Disinformation
As a District Judge, Domenico blocked enforcement of a Colorado law that sought to protect patients by prohibiting so-called “abortion reversal,” an unproven protocol that is not based in science and does not meet clinical standards ruling in favor of a Catholic health clinic. Domenico ruled in favor of a Catholic health clinic and held that the law infringed the clinic’s First Amendment right to free exercise of religion.
Read our deep dive on anti-abortion centers (AACs).
Affiliations with Anti-Reproductive Freedom Organizations
Domenico has been a member of the Federalist Society since 2000. The Federalist Society is a well-funded, conservative legal network that exerts influence through law schools, professional networks, and conferences, and over the judiciary at large. It serves as a talent and influence pipeline for the conservative movement to cultivate young lawyers and pack the courts with judges who will execute its agenda, which includes undermining reproductive freedom.
Career
- Bachelor of Arts, Georgetown University, 1995
- Juris Doctor, University of Virginia School of Law, 2000
- Associate, Hogan & Hartson LLP (now Hogan Lovells), 2000-2003
- Law Clerk to the Hon. Timothy Tymkovich, Tenth Circuit Court of Appeals, 2003-2004
- Counsel, Thune for Senate (now Friends of John Thune), 2004
- Special Assistant to the Solicitor, U.S. Department of the Interior, 2005-2006
- Solicitor General, Colorado Department of Law, 2006-2015
- Adjunct Professor, University of Denver Sturm College of Law, 2010-2019
- Principal, Kittredge LLC, 2015-2019
- Adjunct Professor, University of Colorado School of Law, 2022
- United States District Court for the District of Colorado, 2019-present
- District Judge, 2019-present
- Chief Judge, 2026-present
Daniel Domenico's Record Against Democracy and Voting Rights
- As Colorado Solicitor General, Domenico defended the Colorado Taxpayer Bill of Rights (TABOR), a law with the ability to weaken the balance of powers in Colorado state government. The court sided with Domenico, resulting in TABOR still being in effect today and hamstringing the state’s ability to fund matters like public services from arduous court involvement.
- In private practice, Domenico successfully challenged a Colorado law criminalizing the sharing of “ballot selfies.” The successful challenge occurred days before the 2016 presidential election—a result that weakened safeguards against vote-buying and voter coercion by treating documentation of a completed ballot as protected expression.
Daniel Domenico's Record Against LGBTQIA+ Equality
- As Colorado Solicitor General, Domenico defended Colorado’s ban on same-sex marriage in parallel cases, arguing that the state had a constitutional right “to uphold traditional social institutions,” and should deny same-sex couples their right to marry.
- As a District Judge, Domenico ruled that Colorado could not withhold state Universal Pre-K funding from a Christian preschool that refused to comply with the state’s anti-discrimination laws. This ruling allows for potentially discriminatory conduct surrounding sexual orientation and gender identity to persist.
Daniel Domenico's Record Against Gender Justice
Domenico dismissed an Equal Protection and Title IX challenge to a public charter school dress code that barred boys, but not girls, from wearing earrings. While the circuit court reversed his decision, Domenico’s decision to dismiss the case created further barriers for those seeking gender equality .
Daniel Domenico's Record Against Immigrant Rights
As a District Court Judge, Domenico has established a record that is notably more hostile towards immigrant communities than his district peers.
- Domenico rejected a lawsuit brought by Denver Public Schools seeking a nationwide injunction against federal immigration enforcement near schools, failing to protect the legal sanctity of schools for immigrant children and their families.
- Domenico denied an ICE detainee’s petition to be released from a Colorado detention facility due to COVID-19 conditions, denying the detainee access to safe and healthy living conditions.
- Domenico also broke with other judges on the Colorado federal bench by upholding the federal government’s authority to detain undocumented immigrants without bond hearings, reasoning that immigrants unlawfully present and later apprehended are still legally “seeking admission” and therefore subject to mandatory detention. This reasoning functionally denies immigrants of their constitutional rights.
Other
In a 2016 op-ed, Domenico criticized what he characterized as the politicization of the judiciary. He argued that the courts had been urged by liberal politicians, lawyers, judges, and academics to act as a “super-legislature” deciding major political debates based on the personal preferences of the majority rather than the text of the Constitution.
The Big Picture
Trump has a deeply troubling track record of nominating judges who oppose reproductive freedom, reflecting the Trump administration’s vision for courts that are hostile to the basic reproductive rights and freedoms for all.
Decisions made by these judges will impact our health, access to care, and daily lives, and we deserve to know whether these nominees are committed to fairness and equality under the law or if they are beholden to an ideology or agenda opposing reproductive freedom.
Citations and Sources
- Daniel Domenico, Questionnaire for Judicial Nominees, United States Senate Committee on the Judiciary (May 28, 2026).
- Bella Health & Wellness v. Weiser, No. 1:23-cv-00939-DDD-NRN, 2023 WL 7004481 (D. Colo. 2023).
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- Daniel Domenico, Questionnaire for Judicial Nominees, P.4, United States Senate Committee on the Judiciary (May 28, 2026).
- Kerr v. Hickenlooper, 744 F.3d 1156 (10th Cir. 2014).
- Kerr v. Hickenlooper, 744 F.3d 1156 (10th Cir. 2014); Hickenlooper v. Kerr, 135 S. Ct. 2927 (2015).
- Hill v. Williams, Nos. 16-cv-2627, 16-cv-2649 (D. Colo. 2016).
- Brinkman v. Long, No. 13-CV-32572, 2014 WL 3408024 (Color. Dist. Ct. Adams Cnty. 2014); McDaniel-Miccio v. Colorado, No. 1:16-cv-02627-DDD, 2016 WL 8667798 (Colo. Dist. Ct. 2014).
- Darren Patterson Christian Acad. v. Roy, 765 F. Supp. 3d 1194 (D. Colo. 2025).
- Doe ex rel. Doe v. Rocky Mountain Classical Acad., No. 1:19-cv-03530-DDD-NYW, 2022 WL 16556255 (D. Colo. Sept. 30, 2022).
- Doe ex rel. Doe v. Rocky Mountain Classical Acad., 98 F.4th 1042 (10th Cir. 2024).
- Denver Public Schools v. Noem, No. 1:25-cv-00474-DDD-KAS (D. Colo.).
- Basri v. Barr, 469 F. Supp. 3d 1063 (D. Colo. 2020).
- Daniel Domenico, Op-Ed, The Denver Post (2016); Daniel Domenico, Attachment Package for the Questionnaire for Judicial Nominees, P. 413, United States Senate Committee on the Judiciary (May 28, 2026).
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Further Reading on Anti-Abortion Extremism
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