The Supreme Court ruled that a state program requiring drug companies to lower their prices in the State of Maine wasn't unconstitutional as it said 'the drug companies didn't adequately show why the plan should be blocked.' (from ABCNews site).
Other states are now considering versions of the Maine program:
http://abcnews.go.com/wire/Politics/ap20030520_503.html
I'd say it's a step in the right direction, but it all depends on HHS and the lower courts now.
Kat