it stands that they didn't care. >> have you been too tough on the fourth circuit. i have to stand up for these judges. i'm not defending. >> bill: oh that's just bull. >> legal case under anyone's analysis. >> bill: high profile case they should have explained. they let it hang in the air well we don't know whether it was intentional infliction of emotional distress. >> they didn't need to. the other guy concurred and said i agree with the judgment. this is how i would have -- the first two judges didn't need to address that. >> bill: not a matter of need. it's a matter of what's right. they didn't do what's right. >> you don't understand how opinions work. >> bill: i know. i'm not smart enough. then they piled on by saying you have got to pay 16,000 when they didn't have to do that. they piled on and they didn't have to do it. >> you are wrong on that, too. listen. >> bill: no, i'm not wrong. >> you are wrong, bill. >> it was an option. >> it was discretionary. >> bill: what does that mean ms. megyn? what does discretionary mean?