That's why you fire your representative and get a new one. Two wrongs don't make a right. Don't bend on this or they will break you later. The US government is already heading towards fascism with Trump's likely win in 2024, we don't need to speed it along.
Of course, e2ee everywhere (e2eee? e2e3?) would be all fine and dandy if you didn't have these malicious actors. But we do.
Suppose there are three options:
1. Encryption and no CSAM scanning 2. Encryption and on-device CSAM scanning 3. No encryption
Currently we have 1 (more or less). Legislators are increasingly averse to keeping it that way, and are arguing for 3. Apple proposed 2.
What is the alternative? Is there another option?