By Jonathan Walters

There are states that love to make such manly-sounding boasts as “Don’t Mess with Me.” And in general, those are the states that seem particularly eager to capitulate, particularly to the whims of large corporations. But for a truly feisty, independent group of U.S. citizens, the place to look isn’t where the longhorns shuffle, it’s where the lobsters bake: Maine.

And right now, the real don't-mess-with-me state is engaged in what ought to be one of the more fun-to-watch fights going on anywhere in the country. Fed up with the high cost of prescription drugs, the Down Easters became the first (and only) state in the country to actually develop a system aimed at reducing the cost of prescription medicine for uninsured residents. They did that by passing a law last May creating a “Maine Rx” program through which participating pharmacies offer prescription drugs to uninsured Mainers at a reduced price. The state’s plan is to then collect rebates from manufacturers and hand that money over to pharmacies to cover the costs of the discounts. In essence, any pharmaceutical company that wants to do business in Maine needs to play ball under the new law.

In the face of such a rebellious act on the part of a puny sovereign government, the Pharmaceutical Research and Manufacturers of America, the Washington, D.C.-based trade group set up to protect drug-makers’ interests, last week sued the state in U.S. District Court claiming Maine’s law to be unconstitutional.

The state, for its part, has vowed to fight. In fact, when it passed the law, it included almost $200,000 for legal costs in anticipation of the drug makers’ challenge.

Good for Maine. But what’s pitiful about all this is that right now Maine is fighting this fight on its own. So far, Congress hasn't mustered the wherewithal to deal with the high cost of prescription drugs, and judging by the amounts of money that drug manufacturers are pouring into congressional campaigns these days, it’s doubtful that it will in the near future.

Which leaves it to states to act, something they proved they can do when there’s real money on the table, as was the case with the wave of state tobacco lawsuits that swept the country just recently.

Well there’s real money on the table this time, only it’s the money of the citizens who have been paying through the nose for prescription drugs. And Maine right now could use a little help as they take on one of the most powerful industries in the world.

And so it’s time for the “Show Me,” the “Live Free or Die,” the “Don’t Mess with Me” states to quit the tough talking and start showing a little backbone: the same backbone as Maine’s.

Jonathan Walters is a staff correspondent for Governing.

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