MADISON, Wis. (CBS 58) -- Two Restriction to abortion access in Wisconsin are being challenged by Planned Parenthood in a landmark lawsuit.t Right now, in the state of Wisconsin a woman can only receive abortion care by a doctor and she must have an in-person consultation and wait 24 hours after her first appointment before the abortion can occur.

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Planned Parenthood says these two restrictions are medically unjustified. In the suit they also claim that access to abortion is a right under the state constitution. One reason they are challenging the two restrictions is because they claim it leads to a delay in care.

“It can mean another flight another night in a hotel another day away from work another day of childcare and sometimes it means the timing simply doesn’t work,” said Dr. Alison Linton, chief medical officer of Planned Parenthood of Wisconsin.

Dr. Linton says that these restrictions don’t exist in other parts of the country. She says abortion is just as safe in the states, like Illinois, where these restrictions don’t exist.

“Abortion care is incredibly safe it is one of the safest forms of healthcare that we provide,” Dr. Linton said. “Serious complications are rare and the risk of death associated with legal abortion is significantly lower than carrying a pregnancy to term and giving birth.”

The restriction which only allows doctors to perform an abortion is something Planned Parenthood says can also delay care. Mainly in rural areas where practicing OBGYN’s are scarce and often nurse practitioners and other medical professionals fill the gap.

“Preventing qualified advanced practice physicians from providing abortion care does not make abortion safer,” Dr. Linton said.

However, Pro-Life Wisconsin believes these restrictions are in place to protect women.

“You should have a doctor there at all times I believe these restrictions are there for a reason they are there for the safety of the woman even though we would rather have no abortions being done at all,” Dan Miller the State Director for Pro-Life Wisconsin said.

The suit also asks for court to affirm the abortion is constitutionally protected under the promise of liberty and the pursuit of happiness.

“We think it will be successful because we think the language of our constitution which guarantees us all person’s life liberty and pursuit of happiness includes the right to bodily autonomy which includes the very important decision whether or when to have children,” said Diane Welsh with Pines Bach LLP and counsel for the plaintiffs.

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Pro-life advocates don’t interpret the state constitution that way and they believe this suit is a step towards removing all restrictions related to abortion.

“This is just the beginning they want no restrictions through all nine months. They will deny it to your face or in writing, but everyone knows anything about Plan Parenthood or the pro-choice movement they don’t want any restrictions on abortion at all,” Miller said.

This suit was filed in the Dane County circuit court and Planned Parenthood seems to be hopeful that this will end up in front of the state supreme court which currently has a liberal majority.

Several republican State legislatures condemned the suit you can read the statement below. To read the suit click here.