not after forty years, they won't. No way.
You will see that you are wrong... forty years from now.
Abortion, despite howls of protest, for example will NEVER be outlawed. They will always be legal under some definition of the life or limb of the mother. ALWAYS.
Abortion may become more restricted or less, but the stare decisis principle guarantees that established case law will NOT be overturned, ESPECIALLY after so many dedades of being established in so many jurisdictions and that goes beyond just a federal level.
and that is why the federal government cannot successfully define marriage... and it never will.
period.
All it takes is to get a couple more justices like Thomas and Scalia on the court, and yes, it will be overturned, right before your eyes. All they have to do is snap their fingers, and it's done. What's to stop them?
Politics may prevent these types of justices from getting to the court (a lot hangs on Specter's defeat in November), but the "stare decisis principle" won't.