In a recent opinion by Justice Kelsey I saw the word "discernable."
Is that even a word?
This post says yeah but no.
I looked around some more. In recent years, the appeals courts in Virginia use "discernable" over "discernible" about half the time.
In another opinion by Justice Kelsey when he was on the Court of Appeals appears the phrase "indiscernible and not discernable."
There is a reason for this usage, I just don't know what it is.