On March 25, 1884, Brewer was nominated by President Chester A. Arthur to the United States circuit court for the Eighth Circuit, to a seat vacated by George Washington McCrary.
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Along with Justice Harlan, Brewer dissented in Giles v. Harris (1903), a case challenging grandfather clauses as applied to voting rolls.
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Then on February 27, 1890, President Benjamin Harrison elevated Caldwell to the United States circuit court for the Eighth Circuit, filling a seat vacated by David Josiah Brewer.