it decrypts games using your console keys though? i've seen mention of that in their docs so i'm not sure, but yeah if it does that, it's similar to things that decrypt blurays. feasibly against the dmca because of how broad the dmca is.

Yuzu doesn’t include any form of tooling that breaks encryption

You cannot state that with certainty. That's the problem.

Yuzu does indeed include a method to use the Switch's production keys (which you must dump yourself) to decrypt the games. Whether this constitutes effective DRM is not a question that can easily be answered and must be decided by a court on a case-by-case basis.
This will be what the case will hinge on: Is Ninty's scheme effective DRM?

I would say no because symmetric encryption with a publicly known key may aswell be no encryption at all but that's not my decision to make.

They aren’t facilitating it, the user has to provide all of that chain of the emulation on their own.

Um, no. The emulator is doing the decryption on its own. All the user does is provide the prod keys and unmodified ROM.