The security model rests on them being economically rational. Those pools can include or exclude whatever transactions they want as long as that holds true. Only the minority of ideological miners are going to care and switch.

This effects both but especially Bitcoin because 1) it has no privacy so pools have the ability to distinguish transactions, 2) it's more ideologically diluted than Monero because it's more popular, and 3) Bitcoin has no decentralized mining pools like p2pool atm