[zozbot234]

> Yeah, I'm willing to bet that metaphor gets called out as ludicrous by a higher court, as it has broader implications across types of editorial expression that break down when examined.

It's not ludicrous at all. Whether a work of "selection" from an existing source can be copyrightable in its own right would probably have to be judged on pretty much a case-by-case basis, but even in the context of "selecting" from a ruling there are almost certainly many cases where that work is creative and original enough that it can sensibly be protected by copyright.