They have all the power in the universe. They make the laws. They direct the legislature. They control the executive branch. If the judge orders the US government to jump, the government must say, "How high, Sir?"
This judge thinks he’s a king who thinks he’s God.
The question to answer is this — is there anything in the law that authorizes the FDA to determine which drugs are prescription and which aren’t, that give the DHHS secretary the authority to overrule the FDA, and then to define “prescription” based on age?
Are there any other drugs which are prescription for some ages, and non-prescription for other ages?
If not, then is the judge wrong if the law doesn’t allow this type of prescription determination? I mean, maybe we should pass a law allowing it, but I don’t know enough to say the judge is “making” a law, rather than enforcing it.
I do know that this administration regularly makes regulatory rulings that are blatant violations of current law.