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A decision from the U.S. Court of Appeals on Proposition 8 is expected soon after both sides in the landmark legal battle held their final oral arguments before a three-judge panel.

The judges appeared unswayed by Prop 8 supporters arguments that U.S. District Judge Vaughn Walker should have recused himself from the case because he has been in a long term relationship with a male partner, per the Los Angeles Times’ Maura Dolan. As she writes, Judge Randy Smith, the only Republican appointee on the panel, seemed unswayed. “What about an unmarried heterosexual judge who wants to maintain the definition of marriage?” he asked. “Does he have to disclose that?”

But the judges seemed more likely to overturn a lower court ruling that the tapes of the January, 2010, trial should be released to the public. Judge Stephen Reinhardt noted “the word of the court is supposed to mean something,” over concerns that Walker had indicated that the trial would be taped for his own record.

Trump Backing Off: With just two participants, Donald Trump is now wavering on whether he will go ahead and moderate the Newsmax debate. (Talking Points Memo)

Law & Disorder: Attempts to recreate Occupy Wall Street for a “Law & Order SVU” episode apparently didn’t work out so well. (Deadline Hollywood)

Building GOP Contacts: The MPAA and National Music Publishers Assn. are adding former GOP hills staffers to help in the fight for an anti-piracy bill. (Politico)

For More Taxes: Jay Z, a supporter of OccupyWallStreet, says he’d accept higher taxes — with a caveat. “I wouldn’t mind paying more taxes if it went to the things that really mattered. If it went to education, people [in] poverty and if it went to the right things,” he tells CNNMoney. (Politico)

This Weekend: Rep. Tammy Baldwin (D-Wis.), candidate for the U.S. Senate in Wisconsin, raises money at the home of Blake Byrne on Saturday. Later that evening, Los Angeles city councilman Eric Garcetti raises money at the home of Eric Paquette.