Perhaps it would be useful to review briefly what the law says. FDICIA requires that, regardless of the size of a bank, the bank resolution method chosen by the FDIC be the least costly of all possible methods for meeting the FDIC's obligation to protect insured deposits.
In addition, FDICIA prohibits the FDIC from assisting uninsured depositors and creditors, or shareholders of an insured depository institution. Add to these FDICIA provisions the depositor preference provisions in the Omnibus Budget Reconciliation Act of 1993, and you have some rather potent reasons for the market to be disciplined in its dealings with insured depositories.