One way to understand what goes into constructing a NYT-worthy puzzle is to follow this email thread (which has been considerably edited and shortened.)
Hi Jay,
Joel Fagliano, writing on behalf of Will.
Thanks for showing us your FOOD COURT 15x. Will worries about running a puzzle with BATTERED CHICKEN, as a pun on domestic abuse isn't likely to amuse many people.
Hi Will,
What If we rebuilt the puzzle using GRILLED PORK CHOP instead?
Hi Jay,
GRILLED PORK CHOP feels inconsistent, because the other entries all have to do with the offense committed (corruption, divorce, etc), whereas this only refers to what happens once the PORK CHOP enters the courtroom (what a weird sentence to write!). Anyway, we still like the core idea here.
Hi Will and Joel,
We worked hard to come up with a replacement to GRILLED PORK CHOP. Below are 3 options.
17-A Rolled tortillas prosecuted for being high? BAKED ENCHILADAS
17-A Fungi involved in a wrongful termination suit? CANNED MUSHROOMS
17-A Game fish suing for slander? BLACKENED SALMON
Hi guys,
Thanks for the reworked theme proposal.
None of your proposed new theme entries sounded terribly familiar. What if, instead, the theme consisted of the following:
BAKED BEANS (10)
CANNED CORN (10)
Hi Will,
We rebuilt FOODCOURT using the theme entries you proposed.
Hi Jay,
Thanks for the new version. While the grid doesn't have anything that's actually bad, it also doesn't have anything actually good — and overall it feels awfully crosswordy. Would you be willing to try this again with a little more oomph?
Hi Will,
Thanks for hanging in there with us. Have a look at this next draft.
Hi Jay,
Yes, much better! Clue this up for a Wednesday, and we'll be all set.
Thanks a lot.
--Will