unlike title vii, unlike the adea, both of which included the phrase "adversely affect," when congress passed the fair housing act, it didn't use that language. instead it prohibited making , unavailable a dwelling to any person because of race. in common language, if you were to say "adam made unavailable a dwelling to bob because of race," you ask, why did adam act? he acted because of race. race was the reason for the action. >> if i understand your point, you agree with justice scalia. they are both verbs. make unavailable is just one way to adversely affect. your argument is on these extra added words in the title vii statute, right? in the title vii statute, it is -- couldn't find them. you know what i meant. [laughter] >> i do, justice kagan. >> but i don't think that could possibly be right. then you say that it would be a different statute. instead of just saying an employer can't make unavailable instead it said an employer can't act in a way that makes unavailable, that would make it completely parallel to the title vii and the adea statutes. those two things just can't mean