Colorado Politics

Trump picks Daniel Domenico for 10th Circuit vacancy

President Donald Trump announced on Monday that U.S. District Court Chief Judge Daniel D. Domenico is his choice to fill an upcoming vacancy on the Denver-based federal appeals court.

Domenico, who is 54 this year, is Trump’s only appointee to Colorado’s federal trial court. He became its chief judge in March, after seven years on the bench.

“As a Judge on the Federal District Court in Colorado, Dan has displayed an exemplary record of protecting Citizens’ Constitutional Rights,” Trump wrote on social media. “The wonderful people of Colorado can have great confidence that Dan will deliver strong results, defend the Constitution, and uphold the Rule of Law on the Tenth Circuit. Congratulations Dan!”

The U.S. Court of Appeals for the 10th Circuit hears appeals in federal cases arising from Colorado and five neighboring states. There are three Colorado-based seats on the 12-member court. In total, there are seven appointees of Democratic presidents and five GOP appointees.

Domenico would succeed Judge Timothy M. Tymkovich, a George W. Bush appointee who announced in February that he is taking a form of semi-retirement known as senior status. Domenico was one of his first clerks.

“I was incredibly fortunate he hired me as a clerk when he first joined the bench, and even luckier to have him as a role model and mentor ever since,” Domenico told Colorado Politics after Tymkovich’s announcement. “His example is impossible to live up to, but I think all of us former clerks are better people and lawyers for the time we spent with him. I am pleased he will continue to serve as a senior judge and selfishly hope he does so for another couple of decades.”

U.S. Court of Appeals for the 10th Circuit Judge Timothy M. Tymkovich answers a question during a panel discussion on the rule of law beyond politics at the Sturm College of Law in Denver on Wednesday, Oct. 29, 2025. (Stephen Swofford, Denver Gazette)
U.S. Court of Appeals for the 10th Circuit Judge Timothy M. Tymkovich answers a question during a panel discussion on the rule of law beyond politics at the Sturm College of Law in Denver on Wednesday, Oct. 29, 2025. (Stephen Swofford, Denver Gazette)

Domenico graduated from Georgetown University and the University of Virginia’s law school. After clerking for Tymkovich, he became Colorado’s solicitor general under Republican Attorney General John Suthers. He argued two cases before the U.S. Supreme Court and otherwise represented the state until he entered private practice in 2015.

“Having worked closely with him for seven years, I know him to be an independent thinker and one who understands and appreciates the necessity of an independent judiciary,” said Suthers.

According to the questionnaire Domenico previously submitted to the Senate Judiciary Committee, Domenico said he spoke with Colorado’s then-Republican senator, Cory Gardner, about a possible nomination to the 10th Circuit during the beginning of Trump’s first term. U.S. Supreme Court Justice Antonin Scalia had died the prior year, and the Republican majority in the Senate blocked President Barack Obama from appointing a successor before the end of his term. Neil M. Gorsuch, a 10th Circuit judge from Colorado, wound up as Trump’s appointee.

“After Judge Gorsuch was nominated for the U.S. Supreme Court, I reiterated my interest in the circuit court opening to Senator Gardner’s office,” and the U.S. Department of Justice, Domenico wrote to the judiciary committee.

However, during a reception to celebrate Gorsuch’s swearing-in, Domenico spoke with officials from the White House Counsel’s Office. While he did not elaborate on the substance of the conversation, Domenico wrote that Gardner called him three days later to say the White House wanted to nominate Domenico for the district court, not the 10th Circuit.

Gorsuch’s seat would instead go to Colorado Supreme Court Justice Allison H. Eid, Domenico’s predecessor as solicitor general.

As a trial judge, Domenico has handled cases of high political significance. He blocked Colorado from enforcing a ban on “abortion reversal” treatment against a Catholic health clinic, required the state to accept a Christian preschool into its universal pre-kindergarten program despite its policies conflicting with the state’s non-discrimination requirements, exempted two Denver-area churches from certain health restrictions early in the COVID-19 pandemic, and permitted a Castle Rock church to circumvent zoning restrictions for faith-based reasons.

One case he handled, involving Colorado’s effort to regulate interest rates charged by out-of-state banks to Colorado residents, is destined for a rare full-court review by the 10th Circuit in August, after a 2-1 decision overturned his preliminary injunction last year.

Recently, he became the only federal judge in Colorado to rule that the government is empowered to detain people in immigration custody without a bond hearing when they have been present in the country for years.

U.S. District Court Chief Judge Daniel D. Domenico on a Colorado Bar Association virtual discussion on April 29, 2026. Source: Zoom
U.S. District Court Chief Judge Daniel D. Domenico on a Colorado Bar Association virtual discussion on April 29, 2026. Source: Zoom

For many years, Domenico was also an outlier on Colorado’s district court in the number of undecided motions he amassed in civil cases. However, he recently went from having a backlog that was among the highest in the nation to a backlog of zero.

“It was a pleasure to work with Chief Judge Domenico on the district court. I wish him the very best in the territory ahead,” said retired U.S. Magistrate Judge Kristen L. Mix.

“Judge Domenico’s temperament and experience on the district court will make him an asset to the 10th Circuit,” added Elsa Dodds, a former Domenico clerk.

If the Senate confirms Domenico to the 10th Circuit, the person who is next in line to become Colorado’s chief district judge is Regina M. Rodriguez, a Joe Biden appointee. Under Senate custom, any vacancy on the district court would require the consent of Colorado’s two Democratic senators to fill.


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