The Supreme Court has ruled that former Attorney General John Ashcroft cannot be sued over his role in the post-9/11 arrest of an American Muslim who was never charged with a crime.

By a 5-3 vote Tuesday, the court said Ashcroft did not violate the constitutional rights of Abdullah al-Kidd, who was arrested in 2003 under a federal law intended to make sure witnesses testify in criminal proceedings.

But even the justices who disagreed about the constitutional issue agreed that Ashcroft could not be personally sued for his role in al-Kidd's arrest. The court reversed a federal appeals court ruling that denied Ashcroft immunity from liability in this case.

The West Virginia Supreme Court has declined to issue an order barring Massey Energy shareholders from voting on a proposed $7.1 billion sale to rival coal producer Alpha Natural Resources.

The court says in a ruling issued Tuesday it lacks jurisdiction in the case.

Three institutional investors had sought to prevent Wednesday's shareholder vote. The deal is expected to close pending approval by shareholders of the Virginia-based companies.

The investors argue that the April 5, 2010, explosion at Massey's Upper Big Branch mine that killed 29 miners and other actions damaged Massey's value.

Shareholders also sought a similar delay in a Delaware court last week. A ruling on that case is pending.