It's white to move. If black is in check with white to move, that makes the position illegal, and unreachable -- there's no possible legal move by black that led to this position where he is in check.

Replacing one of the black pawns by a white knight would add some moves, but there is no budget for that -- both knights are already on the board, and all pawns were promoted to queens. (And replacing both pawns would again make it impossible for black to have made the previous move)