Amazon, SpaceX Take Assaults on Labor Board to Fifth Circuit

Amazon.com Inc. and SpaceX will try to convince a federal appeals court that elements of the National Labor Relations Board violate the Constitution, potentially creating legal issues that would be difficult for the US Supreme Court to ignore.

The two companies—founded by the world’s two richest men—will each square off against the New Deal agency that protects workers’ unionizing rights during separate oral argument sessions at the US Court of Appeals for the Fifth Circuit on Nov. 18.

The Fifth Circuit has played a central role in the intensifying constitutional attacks on the NLRB. District courts in Texas, one ...