"The lawsuit would present the courts with the question of whether higher wages and expanded benefits constitute a “new program” or “increased level of service.” It’s hard to see how this question could be answered in the affirmative. "

Umm, guys? Fellas???

The question you pose is not a yes or no question. Saying that it would be hard to "answer in the affirmative," then, makes no sense.

So... yeah... Carry on...