The judge didn’t make up anything. Under the CBA, the NFL could fine Brady, but could not suspend him. They decided to suspend him in violation of their contract with the player’s union. The NFL ignored the penalty they could impose and imposed one their contract did not allow. At least, that is how it looked when I skimmed thru the decision.
Then, by this Judge’s logic how could the NFL suspend any player for anything if it is not in the CBA? That is why, as of now, you have emery player who has been suspended for anything lining up to sue the NFL.