In Ex Parte Quirin (1942), the Stone Court unanimously ruled 8–0 (Justice Frank Murphy did not participate in the case) that the president could establish a military tribunal to try the eight German saboteurs. The Court did hold, however, that the saboteurs had a right to appeal to the U.S. Supreme Court. The saboteurs argued that they could not be tried by a military tribunal but instead must be tried in the normal judicial system with the constitutional guarantees of a grand jury and trial by jury.